
IJWS G0¥EiMlii8 



BTE iOAID OF ACCOyWS 




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INDIANA STATUTES 



Relating to 

d 



Boards of County Commissioners an 
Township Trustees 



Concerning 



Their Duties, Powers and Prohibitions 



Issued by the 



STATE BOARD OF ACCOUNTS 



Gilbert H. Hendren, State Examiner 

Bert Winters, Deputy State Examiner 

Thomas H. Kuhn, Deputy State Examiner 



GEORGE M. CRANE, Law Clerk 



Compiled by 

George Pence, Field Examiner, and Verified by 

Gfol M. Crane, Law Clerk, of the Department 



INDIANAPOLIS: 

... . nu..ono, co.r,;rc.ro. .o« s..™ r.»r..o ..o b,.>.,.o 

1915 



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O, of D.- 
vJCT 5 I9!5 



PREFACE 



The offices of County Commissioner and toT\Tiship trustee are 
two of the most important to the taxpayers of the State, for the 
reason that such officers expend for various purposes, as provided 
by law, practically three-fourths of the taxes paid by the tax- 
payers. Such officials should, therefore, know the law governing 
the expenditure of the various funds coming into their hands. 

The laws governing these two important offices have been com- 
piled by this department in separate volumes. The stupendous 
task of separating and compiling the laws pertaining solely to 
the duties of these officers and the elimination of all laws repealed 
directly or by implication has been performed by Mr. George 
Pence, an expert field examiner, with the assistance of and under 
the close scrutiny of Mr. George M. Crane, the legal clerk of this 
department. 

I believe that these two volumes are not to be compared with 
any similar publications of the laws governing the duties of these 
officials. 

I further believe that .the information to be derived by such 
officials from these volumes will be of great value to them, and 
that the faithful compliance therewith by said commissioners and 
trustees will save the taxpayers of Indiana tens of thousands of 
dollars annually. 

A copy of the volume concerning the duties of both the County 
Commissioners and township trustees will be mailed to each of the 
276 County Commissioners, the 92 county auditors and the 92 
county attorneys of the State. 

A copy of the volume concerning the duties only of township 
trustees will be mailed to each of the 1,016 township trustees of 
the State. 




State Examiner. 
State Board of Accounts, 

Indianapolis, Indiana, May 1, 1915. 



(3) 



BOARD OF COUNTY COM- 
MISSIONERS. 



FOREWORD. 

The intent of this compilation is to give the gist of all statutes of 
the State governing Boards of County Commissioners. Reference 
should be had to the statutes for more extended information. 

The number when used in the date line, of such section, herein, 
refers to the section in Burns R. S. 1914. In a few cases it has been 
deemed wise to set out the act entire. 

Tables of Areas and Population of each county are set out in sec- 
tions 177 and 178, to enable Boards to apply the law governed by area 
or population of the county. 

The terms "Board" and "Council" in this book refer to the Board 
of County Commissioners and the County Council, respectively. 

EDITOR. 

ADMINISTERING OATHS. 

(Acts 1 R. S. 1852, p. 224, Sec. 5984.) 

1. Oaths administered — Preservation of Order. Members of the 
Board, as well as the county auditor, are empowered to administer all 
oaths necessary to be administered in transacting business with the 
Board. The Board shall have power to preserve order, when sitting as 
such, and to punish contempts by fine not exceeding $3.00, or imprison- 
ment not exceeding 24 hours; may enforce all orders made by them by 
attachment or other compulsory process; and execution shall issue 
when such fines are not paid. 

Note: See Garrigus v. State, 93 Ind. 23 9. 

ADVERTISING AND PUBLICATION. 

(Acts 1881, S. p. 240, Sec. 1343.) 

2. Publication in English language. All official matters shall be 
published in the English language. 

(Acts 1913, p. 154, Sec. 1347.) 

3. When publication in two newspapers. In all cases wherein 
the auditors and treasurers and township trustees of the several coun- 
ties of this State are required by law to publish notices and reports 
affecting county and township affairs in a public newspaper, said 
auditors and treasurers and township trustees are hereby required to 
publish said notices as by the several statutes required in two news- 
papers published in their respective counties, representing two political 
parties casting votes in such counties respectively at the last preceding 

(5) 



§4 Board of County Commissioners. 6 

genera] election, one of which notices or reports shall be published in a 
newspaper representing the party casting the highest number of votes 
at said election, if there be such newspapers published in said county; 
and in case there are not published in said county newspapers repre^ 
senting two political parties casting votes at the last preceding gen- 
eral election, then in that case one of such notices or reports shall be 
published in an independent newspaper. 

Note: As to limitation of number of newspapers, whether 
one or more, and the penalty for the violation of the law, 
see Sec. 5968 Burns R. S. This book, Sec. 201. 

Note: For publication of court's allowances, as required by 
Sec. 6015 Burns R. S., see Sec. 6, this book. 

(Acts 1879, S. p. 130, Sec. 9604.) 

4. Legal rates for advertising. All legal advertising, except the 
printing of the delinquent tax list, for the county is to be done at 
rates fixed by statute, to be allowed by the Board and paid from the 
county treasury. For each advertisement, per square of 250 ems, 
$1.00; for each additional insertion, 5 cents. Such advertisement to 
be set in solid reading type of same body of ordinary business adver- 
tising in which said paper is set, and without padding. 

In case of inability to procure such rates, it shall be sufficient to 
post up written or printed notices as the law requires, and the news- 
paper advertisement can be dispensed with. 

Note: To the same effect see Sec. 5 964 Burns R. S., Sec. 
182 this book. 

(Acts 1891, p. 199, Sec. 10355.) 

5. Legal rates for delinquent tax. The expense of printing the 
delinquent tax list shall not exceed 2 cents for each description. 

Note: See Butler v. Board of Commissioners, 177 Ind. 440. 

(Acts 1899, p. 415, Sec. 6015.) 

6. Legal rates for court allowances. The auditor, under act of 
1899, at p. 415, is required to publish all allowances in a newspaper 
of general circulation. The cost of printing same shall not exceed 
5 cents for each allowance. 

This must be done within ten days after the adjournment of any 
term of the Board, the circuit, superior and criminal courts. 

The publication must include the allowance made, to whom made 
and the purpose. 

Note: The Board passes upon the claims for making the 
publication. In the absence of a contract a reasonable sum 
only should be paid, and in no case to exceed 5 cents per 
allowance. 

Note: See Butler v. Board of Commissioners, 177 Ind. 440. 

(Acts 1913, p. 761, Sec. 1346a.) 

7. Lawful to publish in daily newspaper. It shall be lawful to 
make legal publications in a daily or weekly newspaper covering county 
requirements. 



7 Board of County Commissioners. §7b 

ARREST, FREEDOM FROM. 

(Acts 1 R. 3. 1852, p. 104, Sec. 3302.) 
7b. Member's privilege from arrest. Members of Board are priv- 
ileged from arrest, and from obeying any subpoena, during any session, 
and while going to and returning from the same. 

Likewise, all persons while engaged in necessary attendance upon 
any court, and in going to and returning from same. 

AGRICULTURAL,. 

(Acts 1873, p. 118, Sec. 6071, 6072.) 

8. Board may purchase fair grounds. Upon a petition of a ma- 
jority of the voters in any county, it shall be lawful for the Board to 
purchase, in the name and for such county, real estate for the purpose 
of agricultural and horticultural fairs. The limit in cost for such real 
estate and improvements is $5,000, and the conveyance is required 
to be made to such county by a good and sufficient warranty deed, 
together with grantor's abstract of title properly certified, showing 
clear title. 

(Acts 1873, p. 118, Sec. 6073.) 

9. When board may resell fair grounds. If, at any time after 
the purchase of such fair grounds the same shall no longer be an 
eligible location for fairs or shall cease to be necessary, then it shall 
be proper for the Board to sell and convey all, or any part thereof, for 
the best price it will bring; and turn the proceeds into the county 
treasury. 

Note: For procedure for sale of real estate of county see 
Sees. 5 9 00 and 5951 Burns R. S., Sec. 203 of this book. 

(Acts 1905, p. 108, Sec. 6074.) 

10. Fair grounds when used for parks. In counties where the 
Board has purchased real estate in the name of the county, under act 
of March 8, 1873, to be used for agricultural and horticultural fairs, 
and which has been abandoned for such purposes, it shall be lawful 
for the Board to authorize its use for park purposes under certain 
conditions. 

(Acts 1905, p. 108, Sec. 6075.) 

11. How parks maintained. The Board shall expend no money for 
the maintenance of such grounds for park purposes, but by its order 
may permit its use to any city or cities whose limits approach within 
one mile therefrom, specifying the conditions, restrictions and limi- 
tations of the use of such grounds. 

(Acts 1905, p. 108, Sec. 6077.) 

12. When two or more cities accept. When two or more cities, 
lying within the limits of one mile, may join in the acceptance of the 
use of the abandoned fair grounds, by their common councils, and 
agree upon a fair and equitable basis for such care and maintenance 
of such park, the agreement shall also be approved by the Board. 



§13 Board of County Commissioners. 8 

(Acts 1905, p. 108, Sec. 6078.) 

13. Title of grounds in county. The title to such lands shall re- 
main in the county; and the use of the land, for such park purposes, 
shall continue as long as so maintained by such city or cities. 

(Acts 1905, p. 108, Sec. 6079.) 
13a. When abandoned as a park. If at any time after such land 
has been accepted for park purposes and shall be abandoned by such 
city or cities, it shall then be lawful for the Board to sell all or part 
of such land for the best price it will bring, and turn the proceeds of 
sale into the county treasury. 

14. TjAnds used for park purposes. 

(Acts 1915, p. 682.) 

A supplemental act of 1915 authorizes the sale of fair grounds that 
have been used for park purposes by counties to cities, and provides 
that the Board shall use the proceeds of such sale in the purchase or 
leasing of other lands for agricultural fairs. 

The Board shall turn over the possession of the land so leased or 
purchased to any agricultural society for the purpose of holding agri- 
cultural fairs. It is further provided that the Board may construct a 
coliseum or auditorium for the purpose of agricultural display. The 
act is of local importance only and reference is made to the act. 

AGRICULTURAL SOCIETIES. 

(Acts 1877, p. 3, Sec. 6080.) 

15. When county makes allowances to. The Board of any county 
containing taxable property of the value of $20,000,000 as shown on 
the tax duplicate of 187 6, may, in its discretion, make allowance out 
of the general fund to any agricultural society, or organization pur- 
posed for the promotion of the agricultural and horticultural interests 
of the county, subject to certain provisions. 

Note: This allowance is in effect a loan and obtains only 
to the followings counties, viz.: 
Allen, $21,-387,550; 
Marion, $100,050,277, 
Tippecanoe, $22,157,324; 
Vanderburgh, $23,133,945; 
Vigo, $23,907,187; 
Wayne, $24,882,060. 

(Acts 1877, p. 3, Sec. 6081.) 

16. Official statement — Limit of allowance. Before such allow- 
ance the president or secretary of the association shall file with the 
Board his sworn statement showing amount expended for fair grounds 
and permanent improvements, and amount necessary to complete the 
same; whereupon the Board may make allowance as may be deemed 
necessary, not exceeding $10,000, and not exceeding one-half of the 
moneys shown by such officer's statement to have been so expended. 



9 Board of County Commissioners. §17 

(Acts 1877, p. 3, Sec. 6082.) 

17. Allowance a lien on property. The amount thus appropriated 
by the Board shall be a lien on the real and personal property of the 
association, and all dividends by the incorporators or stockholders 
shall be withheld until the appropriation made by the Board shall be 
repaid to the county treasury, with interest. 

(Acts 1889, p. 310, Sec. 3231.) 

18. Allowance to interstate associations. The act of March 9, 
188 9, provides for the Board of any county containing taxable prop- 
erty of value of $20,000,000, or more, at its discretion, to make an 
allowance, as aid, to an interstate fair association organized under 
the act. 

The limit of such aid to be paid from the general funds of the 
county is $10,000, and which in no case can exceed one-half expended 
on grounds and improvements as shown by verified statement of the 
association. 

(Acts 1905, p. 175, Sec. 3197.) 

19. Allowance made as donations. County councils and Boards 
are authorized to appropriate and pay any regularly organized agri- 
cultural society of the county a sum not exceeding one cent on $10 
taxable valuation of the county, payable on account of expenses and 
premiums, out of the general fund of the county; none of such moneys 
to be used or given for contests of speed. 

(Acts 1905, p. 175, Sec. 3198.) 

20. When more than one association. Where there are two or 
more organized fairs or exhibitions, within the county, the Board may 
appropriate to each as may be deemed proper and equitable, being 
limited in the aggregate to the sum equal to one cent on the $100 
valuation. 

(Acts 1911, p. 80, Sec. 4.) 

21. Allowances for farmers' institute. For the purpose of defray- 
ing the local expenses of meetings held under the above act, viz.: "to 
promote the improvement and advancement of agricultural culture, 
domestic science and rural life", the chairman of the county farmers' 
institute is authorized to file an itemized list of expenses, for the 
payment of which, when approved by the Board, the auditor is author- 
ized to draw warrants to an amount not to exceed 2 5 cents for each 
square mile of territory in such county. 

Note: This act is not found in Barns R. S. It repeals Sees. 
3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217 and 3218 
Burns R. S. 1914. 

(Acts 1913, p. 763, Sec. 6868.) 

22. Donations to aid agricultural school. Whenever a donation is 
made to the county of any building, together with the necessary 
grounds, of the value of not less than $10,000 in counties with a popu- 
lation less than 25,000, or of the value of $20,000 in counties with a 



§23 Board of County Commissioners. 10 

population in excess of 25,000, for purposes of maintaining a high 
school or agricultural school, it shall be the duty of such Board to 
accept the donation for the purpose named. 

(Acts 1913, p. 18, Sec. 4276d.) 

23. Contributions to forestry association. In counties where asso- 
ciations are organized under this act, to plant, protect and cultivate 
forestry lands, it is lawful for the Board to assist in acquiring and 
maintaining the same by contributions from year to year, as may be 
determined at the time of making or adoption of the ordinance there- 
for. 

ALLOWANCES. 
(Acts 1899, p. 415, Sec. 6015.) 

24. Publication of courts' allowances. The auditor is required to 
publish in a newspaper of a general circulation in his county within 
ten days after the adjournment of any term of circuit, superior, crim- 
inal or commissioners court, all allowances made by the regular or 
special judges thereof, and by the Board at each term of court at 
which any allowance is made, setting out each allowance, to whom 
made and for what purpose, provided that the cost of printing thereof 
shall not exceed five cents for each allowance. 

Note; By an act approved March 15, 1913, Sec. 1346a Burns 
R. S., it shall be lawful to make such publication in either a 
daily or weekly newspaper. The Board passes on claims for 
making publication under this section. The section does not 
fix the compensation at 5 cents, but limits it to 5 cents per 
allowance. A reasonable sum only should be paid. See Butler 
V. Board, 177 Ind. 440. 

(Acts 1879, S. p. 130, Sec. 6016.) 

25. All extra allowances forbidden. Extra allowances, unless in 
cases of indispensable necessity, to be found and made a matter of 
record, and unless specifically required by law, cannot be made by 
the Board, to any auditor, clerk, sheriff, assessor or treasurer, directly 
or indirectly, or to any clerk, deputy, bailiff or any employe of such 
officer; nor shall the Board employ any person to perform any duty 
required by law of any officer, or for any duty to be paid by commis- 
sion or percentage. 

For a violation of these provisions, each member of the Board 
favoring the same shall be guilty of a misdemeanor and on conviction 
be fined from double to five times the amount of such allowance, and 
may be imprisoned in the county jail for not over 60 days. 

When found necessary, and so entered of record, to make such 
employment, as a public necessity, claimant shall file his bill ten days 
before beginning of term and any taxpayer shall have the right to 
contest the claim. 

Note: The indispensable public necessity must be actual, 
not imaginary. The finding that an indispensable necessity 
exists is not conclusive, but is subject to review by the court 
on appeal. Board v. Mitchell, 131 Ind. 370, at page 373; 
Haun V. State, 108 N. E. Rep. 519. 



11 Board of County Commissioners. §26 

(Acts 1879, S. p. 107, Sec. 6017.) 

26. Allowances unpaid for five years. At the regular March session, 
it is the dutj^ of the Board to carefully review the unpaid allowances, 
and all of such which have remained uncalled for for a period of five 
years shall be cancelled and placed to the credit of the funds from 
which such were made payable. 

The auditor is required to have published such unpaid allowances, 
at a cost of not to exceed five cents, each, for at least 3 and not more 
than forty days prior to such March session. 

Note: By virtue of the county council act (Sec. 5 9 41 Burns 
R. S.), unexpended appropriations revert to the general fund 
of the county at the end of each calendar year. 

ANIMALS RUNNING AT LARGE. 

(Acts 1879, S. p. 62, Sec. 3242.) 

27. Power of the Board to regulate. It shall be the duty of the 
Board to direct by an order duly entered of record what kind of ani- 
mals shall be allowed to pasture or run at large on the unenclosed 
lands or public commons within the bounds of any township; and 
when the said township, or certain parts are divided by a river or a 
railroad, may also order that stock may run at large on one side of 
said river or railroad, and not on the other, in the same township. 

(Acts 1 R. S. 1852, p. 102, Sec. 3244.) 

28. When taken up and impounded. Whenever any animal is 
found running at large upon any unenclosed land which shall not have 
been specified in the order of the Board, any resident can take up and 
impound said animal. 

Note: This section was not repealed by Sec. 3 249. Frazer 
V. Goar, 1 App. 38. Animals running at large, 1 App. 222. 

(Acts 1887, p. 38, Sec. 3249.) 

29. Duty of the road supervisor. It is the duty of all road super- 
visors upon view or information to take up and impound any animal 
found running at large on the roads or unenclosed lands within their 
respective districts, which are not authorized to run at large by order 
of the Board. 

Note: Supervisors must comply with statute. Wyman v. 
Turner, 14 App. 118. 

APPEAL BONDS. 

(Acts 1885. p. 80, Sec. 6019.) 

30. When appeals lie to circuit court. Any person feeling ag- 
grieved with any decision of the Board on account of rejected claims 
or disallowance in part, may appeal within 3 days to the circuit or 
superior court, upon filing a sufficient bond to the Board for costs, 
or such person, at his option, may bring action against the county. 
In the event his recovery is no greater than the Board's allowance such 
plaintiff shall pay the cost of the appeal. 



§31 Board of County Commissioners. 12 

(Acts 1875, p. 112, Sec. 1854.) 

31. When bond is defective. In all cases where appeals to the 
circuit court are taken from the Board, and the appeal-bond filed is 
defective; when required by the court, appellant may cure such bond 
by filing a new one to the satisfaction of the court. 

(Acts 1885, p. 80, Sec. 6019.) 

32. When appeals do not lie to circuit court. No appeal from the 
decision of the Board is allowable for rejection of a claim made for 
voluntary services or for things voluntarily furnished; besides, it is 
unlawful for the Board to allow any such claims, 

(Acts 1 R. S. 1852, p. 224, Sec. 6021.) 

33. iVppeals generally. When a party not named in the proceed- 
ing is aggrieved, his appeal does not obtain unless he shall file with 
the auditor his affidavit setting forth his aggrievance and alleging 
specifically the nature of his interest. 

The courts have decided that appeals from the Board's decision 
only lie where such involve judicial action, and not where Board acts 
in a ministerial or administrative capacity. 

Note: See Jay v. O'Donnell, 178 Ind. 282. 

(Acts 1 R. S. 1852, p. 224, Sec. 6023.) 

34. Duty of auditor — When appeal. In case of any appeal to the 
circuit or superior court from the decision of the Board, a sufficient 
appeal bond being filed, it becomes the duty of the auditor, within 20 
days, to make out a complete transcript of the proceedings of the 
Board relative to the proceeding and deliver same, with all appertain- 
ing papers, together with the appeal bond, to the clerk of the court 
to which the appeal has been taken. 

APPOINTMENTS BY THE BOARD. 

(Acts 1 R. S. 1852, p. 223, Sec. 9140.) 

35. Duty of auditor— AVhen Board appoints. Appointments made 
by the Board shall be certified by the county auditor, under the seal 
of the Board. 

APPROPRIATIONS. 

Acts 1879, p. 30, Sec. 6098.) 

36. No appropriation, when no money. It is unlawful for the 
Board to make any appropriation of money, or order to pay money, 
unless at the time the money to pay the same be in the treasury or 
provided for. 

ARBITRATION. 

(Acts 2 R. S. 1852, p. 227, Sec. 875.) 

37. Arbitration of claims prohibited. The courts have held that 
county Boards cannot submit claims against the county to arbitration. 



13 Board of County Commissioners. §38 

ASSESSOR, CX)UNTY. 
(Acts 1891, p. 199, Sec. 10275.) 

38. Bond of^ — Vacancy how filled. The term of county assessor 
is four years; his official bond being in the sum of $5,000, with two 
or more freehold sureties, to be approved by the auditor. If any 
vacancy shall occur in such office, the Board shall fill the same at any 
regular meeting for such unexpired term. 

AUDITOR. 

(Acts 1 R. S. 1852, p. 224, Sec. 5979.) 

39. Duty to attend Board's meetings. The auditor of the county 
shall attend the meetings of the Board and keep a record of its pro- 
ceedings. 

(Acts 1889, p. 427, Sec. 9457.) 

40. Bond of — Approval of. The county auditor before entering 
the duties of his office shall give bond in the penal sum of $10,000 
to be approved by the Board. 

Note: This section supersedes the amount of bond men- 
tioned in Sec. 9456 Burns R. S. 

(Acts 1 R. S. 1852, p. 224, Sec. 5987.) 

41. To keep record of proceedings. The proceedings and deter- 
mination of all matters properly coming before the Board at its ses- 
sions must be recorded by the auditor in a book to be kept for that 
purpose. All books, records, accounts, vouchers and papers touching 
county affairs are to be carefully kept by the auditor, and shall be 
open to the public for inspection. 

(Acts 1 R. S. 1852, p. 150, Sec. 9458.) 

42. Clerk of Board of Commissioners. The auditor, by virtue of 
his office, shall be clerk of the Board, and shall keep an accurate 
record of all the corporate proceedings of such Board. He is the cus- 
todian of all books, records, maps and papens deposited in his office, 
which he shall deliver to his successor at the expiration of his term. 

(Acts 1907, p. 391, Sec. 7527.) 

43. Secretary of Cbunty Board of Finance. He is likewise, ex- 
officiOi secretary of the County Board of Finance, which Board is con- 
stituted by the members of the Board. Likewise, such officer is ex- 
officio clerk of the county council. 

(Acts 1 R. S. 1852, p. 150, Sec. 9467.) 

44. Can not act as attorney. No person doing the duties of audi- 
tor shall practice as an attorney before the Board in his county. 

(Acts 1905, p. 584, Sec. 2391.) 

45. Officers and deputies. This prohibition obtains as well to the 
clerk of the circuit court, treasurer, recorder, sheriff, or deputy of any 
one of them. Its violation is an offense, and on conviction punishable 
by a fine of $25 to $500. 



§46 Board of County Commissioners. 14 

(Acts 1 R. S. 1852, p. 150, Sec. 9469.) 

46. When Board may appoint for the time. In case of the in- 
ability of the auditor, without a deputy, or having one he is unable 
to attend, the Board may deputize some person to perform the duties, 
for the time being, during the session of the Board. 

BAILIFFS. 

(Acts 1913, p. 161, Sec. 5980.) 

47. Bailiff in Marion County. Boards of counties having a popu- 
lation of 150,000 (Marion County) according to last preceding U. S. 
census shall appoint a bailiff of the commissioners' court. Besides the 
regular duties of bailiff, in addition he shall perform such clerical du- 
ties as required and directed by the Board. His compensation shall 
be fixed by such Board, not to exceed $12 5 per month. 

BEGINNING OF TERMS. 

(Acts 1901, p. 411, Sec. 9148.) 

48. When term of office begins. Under an act approved March 11, 
1901, the term of office of the county auditor, county sheriff, county 
recorder, prosecuting attorney, county assessor, county coroner, county 
surveyor and county commissioners, shall begin on the first day of 
January next following the term of office of its present incumbent. 

BENEVOLENT INSTITUTIONS — STATE. 

(Acts 1865, p. 124 Sees. 3429-3430.) ■ 

49. Limit of $40 for clothing, annual. When the expense of 
clothing and means for defraying the traveling expense of a beneficiary 
of the privileges of the State institutions for the education of the 
blind, the deaf and dumb or the hospital of the insane, are not other- 
wise provided, same is to be supplied by the superintendents of such 
institutions and charged to the county of admission. Amounts are 
reported to the treasurer of state, who forwards to the county treas- 
urer for payment. Such amount is limited to $40 per year, and it is 
intended that the county treasurer shall collect the amount, by suit 
if necessary, from the parents or estate of such pupil. 

(Section 3431.) 

50. County pays funeral expenses. In case of the death of a pupil 
of the said institutions, the funeral expenses on such account is made 
out as above mentioned and in like manner collected. 

BENEVOLENT INSTITUTIONS — INSANE. 

(Acts 1881, S. p. 546, Sec. 3707.) 

51. Ample supply of clothing. Every person admitted to the in- 
sane asylum is required to have an ample supply of suitable clothing 
to be sent with them; and it is required that the county furnish same. 



15 Board of County Commissioners. §52 

(Acts 1852, 1 R. S. p. 322, Sec. 3708.) 

52. Annual outlay of $20, for clothing. The amendment of 1907, 
p. 563, limits the expenditure on this account to $3 0. The act of 
1852, 1 R. S. p. 322, provided for the annual outlay for clothing for 
each inmate at $2 0, to be paid by the county from which the patient 
was sent. 

(Acts 1852, 1 R. S. p. 322, Sec. 3709.) 

53. County pays funeral expenses. The county likewise is re- 
quired to pay the funeral expenses of its patient dying at the hospital 
for the insane. 

BENEVOLENT INSTITUTIONS, FEEBLE-MINDED. 

(Acts 1911, p. 471, Sec. 3523.) 

54. Admissions to, approval of Board. All applications for ad- 
mission to the Indiana School for Feeble-Minded Youth at Fort Wayne 
shall have the approval of the Board. 

(Acts 1911, p. 473, Sec. 3524.) 

55. Clerk's duty to procure clothing. The clerk of the circuit 
court is required to procure specifically mentioned clothing, limited 
to cost of $20, for each person committed, and in case of a female she 
shall be accompanied by a female attendant, the cost of which is to 
be paid by the county. The Board in passing approval for application 
is required to mention full particulars touching the ability of child, 
or its parents, to pay the expenses of its maintenance. 

(Acts 1911, p. 475, Sec. 3522h.) 

56. Transportation expense — Female attendant. In case that the 
parents of a child between the ages of 6 and 16 years are wholly 
unable to bear the expenses of the clothing required by the rules of 
the trustees of the State School for Feeble-Minded, and the transpor- 
tation to and from such school, the cost shall be borne by the county, 
and also the expense of a female attendant when required. 

BENEVOLENT INSTITUTIONS, EPILEPTIC. 

(Acts 1905, p. 483, Sec. 3563.) 

57. When county pays for maintenance. Admission to the Vil- 
lage of Epileptics at Newcastle and the maintenance of a patient, if 
not paid by himself, relatives or friends, must be paid by the county. 
All incidental expenses, traveling and costs of examination are like- 
wise paid by the county. 

BENEVOLENT INSTITUTIONS, TUBERCULOSIS HOSPITAL. 

(Acts 1907, p. 198, Sec. 3582.) 

58. How admissions made to hospital. Application for admission 
of indigent persons for treatment at the Tuberculosis Hospital at Rock- 
ville must be made by the resident township trustee, mentioning cer- 



§59 Board of County Commissioners. 16 

tain requirements, a copy of wliicli, as soon thereafter as practical, 
shall be filed by him with the Board. 

The cost of treatment is chargeable to the county, being limited 
to $5 per week for each patient, which shall be paid by the .Board 
upon receipt of the sworn statement of the superintendent. It is the 
duty of the council to make sufficient allowance and appropriation to 
cover such payments. 

BENEVOLENT INSTITUTIONS — COUNTY. 

(Acts 1889, p. 215, Sec. 3627.) 

59. When Board may enter into contract. In counties where there 
may be established an "orphans' home" or "home for orphans and 
destitute children", where orphan or destitute children are confined 
and supported by the county in county infirmaries, or at the expense 
of the county, the Board may enter into a written agreement with 
the authorities of such orphans' home giving such children into the 
care and custody of such home until they shall reach the age of 14 
years. 

(Acts 1897, p. 44, Sec. 3646.) 

60. Asylums for orphans in counties. Boards in each county shall 
have the power to establish and maintain asylums for the support, 
care, education, control and protection of orphan, dependent, neg- 
lected or abandoned children, or enter into contract with an organized 
association or by mutual agreement enter into contract with Boards 
of contiguous counties, to unite in the establishment and maintenance 
of such an association, each county bearing its proportionate share 
of the expense. 

(Acts 1907, p. 90, Sec. 36471.) 

61. Board's power to provide grounds and buildings. In any 

county where an association is organized and duly incorporated, under 
any law of this State, and the Board finds that such association is 
organized for the purpose contemplated, the Board may provide by 
purchase or otherwise suitable grounds and buildings for the use and 
occupation of such association and its wards, unless such provisions 
be already made, title to buildings and improvements to remain in 
said county or counties. Limitation to expenditures is based on total 
population, to wit: $5,000 for 20,000 population and $1,000 for each 
additional population of 5,000. Costs of lands, in case of purchase, 
not to exceed one-half of the cost of the improvements. Boards are 
required to keep premises in repair. 

(Acts 1915, p. 643, Sec. 3648 as amended.) 

62. Allowance for support, necessary statement. Before such as- 
sociation shall receive any compensation, an itemized statement sworn 
to by the general officers or matron shall be filed with the board, 
showing name and age of child, whether committed by the Board, or 
otherwise; that no child is retained under any plan operating to the 
financial profit of the association, or under any operation which might 



17 Board of County Commissioners. §63 

profit by reducing quantity or quality of food, care or clothing supplied 
to such child. 

When so filed, the Board shall allow and pay to said association 
not more than 40 cents a day for each day the association has" had 
custody of such child. The Board shall, in case of death, allow a rea- 
sonable sum for the funeral expenses of sucii child. It is unlawful 
for the Board to allow a compensation for finding homes for any such 
children. 

(Acts 1913, p. 708, Sec. 3653.) 

63. Duty of Board of Charities to find homes. The Board of 
State Charities has authority to appoint agents for the purpose of 
finding homes for such orphan or other dependent children. The 
duties of such agents include the inspection of orphan asylums and 
report of results to the Board. The traveling expenses of any such 
child taken from place to place by such agent, and its temporary keep, 
shall be paid by the county in which the child was a public charge, 
and shall be paid by such county, monthly, upon specific itemized 
vouchers signed and sworn to by such agent. 

(Acts 1901, p. 369, Sec. 3661.) 

64. Board of Cliildren's Guardians. Under the provisions of the 
act of March 11, 1901, there is created in each county a Board of 
Children's Guardians. The members, six in number, three of them 
being women, are appointed by the circuit court, and they have the 
care and supervision of neglected and dependent children under 15 
yars of age, domiciled and resident of the county. 

On the approval of the Board of Guardians, the Board of Com- 
missioners may provide and maintain a house of suitable size and con- 
venience for the use of children placed in their custody and control; 
also may pay agents and assistants, as well as the other expenses 
incurred for board and maintenance; being limited to 3 cents per 
day for each child kept and maintained; or may keep such children 
outside of such house if the best interests of the child demand. The 
council is required to make the necessary appropriations to carry the 
law into effect. 

(Section 3662.) 

65a. No fees or costs chargeable to Board of Guardians. No of- 
ficial fees shall be charged against the Board of Children's Guardians 
for court costs or witness fees, for filing of reports, petitions or other 
court proceedings, but such costs shall be paid by the county on the 
order of the circuit court. 

(Acts 1901, p. 430, Sec. 3760.) 
65b. Marion County Asylum for Insane. In counties of 150,000 
population (Marion County) by last U. S. census, the council may 
pass an ordinance for the purchase of and appropriation for the Board, 
to purchase a tract of land and build thereon an asylum for the in- 
curable insane of the county and to employ some humane and respon- 
sible person as superintendent, subject to the restrictions of the Board; 
also to employ necessary assistants. 

2—4842 



i66 Board of County Commissioners. 18 

Such asylum shall be known as the "Asylum of the Insane of 
County", and shall be maintained as a permanent institu- 



tion, the council being equired to make all necessary appropriations 
to maintain it. 

(Acts 1901, p. 430, Sec. 3762.) 

66. Insane paupers — Duty of superintendent. The superintendent 
of such asylum shall receive into his care and custody all incurably 
insane who have become a county charge as paupers, and take meas- 
ures for their employment and support and perform other duties re- 
quired by the Board. 

All such charges shall be transferred from the county poor asylum 
to such home, and all such incurably insane persons shall be committed 
there instead of to the county poor asylum. All incurable insane pau- 
pers committed from such county to the State asylums shall be trans- 
ferred to such home. 

(Section 3764.) 

67. Boards empowered to contract with guardians. Boards are 
authorized to contract with the guardian of any incurably insane ward, 
resident in said county, for the keep of such ward upon an agreed 
compensation. 

All the estate of such ward, after the payment of the expenses of 
the trust, if he has no family, shall be liable for such agreed com- 
pensation; but if such insane ward shall have a family, then all of 
his estate exceeding in value $500 shall be liable, and be recovered by 
the Board. 

Upon a satisfactory showing by friends, that they are ready and 
willing and able to provide for him, such ward may be discharged 
to them. 

(Acts 1875, p. 169, Sec. 4331.) 

68. Asylums for maintenance of coloi*ed orphans. Under an act 
of February 20, 18 67, was authorized the establishment and mainte- 
nance of asylums for the care, support, discipline and education of 
orphan children by voluntary associations. Later, under act of Feb- 
ruary 25, 1875, authority was given Boards to give aid to such or- 
ganized associations v/ithin the county, and after verification of claim, 
to allow 25 cents per day for each inmate orphan which would other- 
wise have been a charge on the county. 

(Acts 1875, p. 169, Sec. 4334.) 

69. Duty as to binding out orphans. Under this act, that mem- 
ber of the Board longest in continuous service as commissioner becomes 
ex-officio a member of the Board of officers of such voluntary associa- 
tion. It then becomes the duty of such members to bind out any 
orphan child to some suitable person, when it can be on such terms 
to secure to the child a proper maintenance and education, and it is 
further enjoined that they see that the child has proper treatment, 
and that it shall be agreed by such master or mistress to cause 
such apprentice to be taught to read and write and the rules of arith- 



19 BoAKD OF County Commissioners. §70 

metic to the double rule of three inclusive, if practicable. See Sec. 
8389, Burns R. S. 

(Acts 1905, p. 204, Sec. 4332.) 

70. Power of Board Marion County, foundlings In counties 
wherein there is a city containing a population of 100,000, (^arion 
County) as shown by preceding U. S. census, Boards upon sanction of 
the council shall allow and pay any non-sectarion society or asylum, 
containing a special ward for care of foundlings and infants, with 
special trained nurses, the sum of 3 cents per day, for each child, for 
the keep, care, education and placing in family homes. 

(Acts 1903, p. 537, Sec. 4333.) 

71. Allowance to custodial institution. Boards, in counties which 
do not maintain a county orphans home, shall provide for the care of a 
child, mentally and physically defective, with any orphans home, cus- 
todial institution or training school in the state other than a state 
institution. Such keep is limited to 30 cents per day for each child 
payable by the Board upon proper certificates of the attending physi- 
cian of such institution. The State Board of Charities has the right to 
supervise all such allowances. 

(Acts 1879, p. 228, Sec. 4335.) 

72. Allowance for keep of colored orphans. Any association 
formed for the maintenance for colored orphans, exclusively, is like- 
wise entitled to the same per diem of 30 cents per capita. 

(Acts 1891, p. 76, Sec. 4337.) 

73. When Board may purchase orphan asylum. In counties where 
there is an organized association purposed for maintaining an orphans 
home or asylum, the Board may, at its discretion, provide suitable 
grounds by purchase and erect suitable buildings for use and occu- 
pancy of its wards, limited to a cost of $5,000, the title to the grounds 
vesting in the county. 

Other counties may join in such purpose and each county appropri- 
ate $5,000, the title being in the association, in trust for the counties. 
In case of sale, proceeds shall be distributed on basis of amount paid 
by each county. Each county to be represented on Board of officers 
by that member of each Board having longest continuous service. 

74. Further powers given to Board. The act further provides 
that the Board of such counties, coming under the act, containing a 
population of 25,000 or more inhabitants, at its discretion, may pro- 
vide by purchase suitable grounds and buildings, or for the erection 
of building for the purposes herein named, at a cost not exceeding 
$10,000. The Board is authorized to keep the property in repair at 
the proper expense of the county. 

(Acts 1881, p. 10, Sec. 4339.) 

75. Who shaU be admitted to orphans asylum. After suitable pro- 
vision has been made as above provided for, every child under the age 



§76 Board of County Commissioners. 20 

of 13 years who is a charge upon the county and a proper person, 
under the laws, to be placed in the county asylum shall be received in 
such orphans home and the Board shall allow a sum not exceeding 25 
cents per diem for each child maintained and cared for by such asso- 
ciation. 

BLANKS AND STATIONERY. 
(Acts 1875, S. p. 31, Sec. 9621.) 

76. Restriction as to allowance for printed blanks. Boards are 
prohibited from paying out any money from the treasury to any county 
officer for any printed blanks, or for stationery, except for the use of 
the county. 

BOARD OF COUNTY COMMISSIONERS. 

(Acts 1, R. S. 1852, p. 224, Sec. 5969.) 

77. Organization of the Board. There is organized in each county 
of the state a Board of Commissioners for transacting county business 
to be elected, respectively, at the general elections. Any two of them 
sha,ll be competent to do business, and whenever there is a vacancy in 
the office the remaining member or members, together with the auditor 
shall choose some person to fill such vacancy until the next general 
election. 

Note: The courts have decided that it is the intention of 
the law that the organization of the Board shall be such that 
one member shall retire each year. 

(Acts 1 R. S. 1852, p. 224, Sec. 5970.) 

78. Division of county into districts. Each county shall be divided 
into three districts and numbered, one, two and three, which are not 
subject to alteration oftener than every three years. 

(Acts 1885, p. 69, Sec. 5972.) 

79. Commissioner's term of office. The term of office of commis- 
sioner is three years, and the term of office of no two districts of the 
county shall begin in the same year. The year in which the term of 
office of each district shall begin shall be determined by calculating 
period of three years from the end of the term for which the commis- 
sioner for the same district was elected upon the organization of the 
Board of Commissioners for the county. 

(Acts 1 R. S. 1852, p. 224, Sec. 5973.) 

80. Oath of office to be endorsed on certificate. Upon receipt of 
certificate of his election, as county commissioner, he shall take the 
usual oath which being certified on back of the certificate, under the 
hand and seal of the person administering same, shall be a sufficient 
authority for such commissioner to act. 

(Acts 1 R. S. 1852, p. 224, Sec. 5974.) 

81. Board a corporate body, name. The Board shall be consid- 
ered a body corporate and politic by the name and style of "THE 
BOARD OP COMMISSIONERS OF THE COUNTY OF .": 



21 Board of County Commissioners. §82 

and as such, and in such name, may prosecute and defend suits, and 
have all other duties, rights and powers incident to corporations, not 
inconsistent with the provisions of the law. 

(Acts 1909, p. 53.) 
82. Legalization of certain bonds. By act of the legislature, ap- 
proved February 26, 1909, certain bonds issued by the county were 
legalized regardless of irregularities in their issue. 



BONDS, OFFICIAL. 

(Acts 1881 S. p. 240, Sec. 253.) 
83a. Actions on bonds, how brought. Actions on official bonds, 
payable to the state, shall be brought in the name of the State of 
Indiana, upon the relation of the party interested. 

(Acts 1897, p. 192, Sec. 5728.) 
83b. Bonds by sui'ety companies. Under the provisions of the act 
approved March 6, 1897, any bond required, by any law of the state, 
to be made and filed with the Board, may be executed by a company 
qualified to act as such surety. 

Note: The State Board of Accounts holds that the Board 
of Commissioners is prohibited from the payment of any 
premium on a surety company bond for any public officer, 

(Acts 1 R. S. 1852, p. 166, Sec. 9100, 9101, 9103.) 

84. Oath of office. Every officer and every deputy, before entering 
on his official duties, shall take an oath to support the constitution of 
the United States and of this state, and that he will faihfully discharge 
the duties of said office. Such oath, except that of members of the 
general assembly, the governor and lieutenant governor, shall be 
indorsed on the commission or certificate and be signed by him, and 
certified to by the oflflcer before whom it was taken, who shall also 
deliver to such person a certified copy of the same. 

The oath of the commissioners shall be filed with the clerk of the 
circuit court. The oath of all persons appointed by the Board shall be 
filed with the county auditor. 

BONDS, APPROVAL OF. 

(Acts 1 R. S. 1852, p. 166, Sec. 9109.) 

85. Approval of bond to be endorsed. The approval of every offi- 
cial bond shall be written thereon by the approver thereof; and no 
bond shall be filed until lawfully approved. 

(Section 9111.) 

86. Bonds, to ^vhom made payable. All official bonds shall be 
made payable to the State of Indiana, 



§87 Board of County Commissioners. 22 

BONDS, APPROVAL OF COUNTY OFFICERS. 

(Acts 1852 S. p. 90, Sec. 9119.) 

87. Board approves county officers' bonds. It shall devolve upon 
the Board, or a majority of its members to approve the official bonds 
of sheriffs, coroners, county recorders and clerks of the circuit court, 
and the Board is required to meet at the auditors office, without a pre- 
cept, to approve the securities thereto if sufficient; and their approval 
shall be signed thereon. 

(Burns R. S. Sees. 9457, 10275 and 6376.) 

88. Board approves bond of auditor. The Board shall also ap- 
prove the bond of the county auditor. 

The duty of approval of the bond of county assessor devolves on 
the county auditor, as well as that of county superintendent. 

BONDS, BOARD TO EXAMINE. 

(Acts 1873, p. 46, Sec. 9135.) 

89. Board's duty to examine all official bonds. The Board shall 
examine all official bonds filed in the office of the clerk of the circuit 
court, likewise the bond of that officer, which under the Act 1 R. S. 
1852, p. 166, shall be filed with the county recorder; and also the 
bonds filed in the office of the county auditor. When it is found that 
the penalty of the bond is inadequate or the securities are insufficient, 
the Board shall direct the clerk to cause the necessary proceedings to 
be had to procure a new bond or additional securities. In the case of 
the clerk's bond, such action to be taken by the auditor. 

The Board on its own motion may make the investigation at any 
time, or on the petition of any taxpayer. 

Note: For approval of treasurer's bond, see Sec. 9474, Sec. 
512 this book. 

(Acts 1875, p. 37, Sec. 9412.) 

90. Board fixes amount of bonds. The Board shall determine the 
amount of bond to be given by the clerk of the circuit court, which 
shall be filled by him in the penal sum fixed by the Board, to be ap- 
proved by the Board. 

Failure to give such bond on or before the second day of succeed- 
ing term of the Board, the office shall be declared vacant, and the same 
be filled as provided by law. 

BOUNTIES. 

(Acts 1875, p. 178, Sec. 6032.) 

91. Bounty for fox and wolf scalps. Boards may cause to be paid 
out of the county treasury a sum not exceeding $2 to any person 
exhibiting a wolf scalp, and $5 for exhibiting a fox scalp, with affidavit 
that such animal was killed in the county and no reward had been paid 
from the county treasury. For scalps of a wolf or fox under six 
months old, bounty shall not exceed $3 and $1.50, respectively. 



23 Board of County Commissioners. §92 

In all cases where these bounties are paid, the several acts require 
that the killing or capture occur within such county, which is to be 
supported by affidavits. 

(Acts 1883, p. 190, Sec. 6033.) 

92. Bounty for owls and hawks. Boards may cause to be paid out 
of the county treasury, a sum not over $2 to any person who shall 
exhibit to the auditor a wood-chuck scalp, or the head of any owl or 
hawk, with affidavit that such wood-chuck, owl or hawk was killed in 
the county, and that no reward had been paid to him from the county 
treasury. Sparrow-hawks and screech owls are barred from such 
bounty. 

(Acts 1 R. S. 1852, p. 458, Sec. 6037.) 

93. Bounty for silk, reeled and cocoons. The Board, at its option, 
may allow bounty on silk raised in the county, to wit: for every 
pound of cocoons 15 cents; per pound of reeled silk, 25 cents. The 
claimant is required to present such cocoons or reeled silk, and estab- 
lish to satisfaction that the cocoons were raised and the silk reeled in 
the county and that such reeled silk was from cocoons raised in the 
state, and further that no reward had been made on the product. 

(Acts 1911, p. 332, Sec. 6033a.) 

94. Bounty for crow's heads and eggs. Councils and Boards may 
appropriate and cause to be paid from the county treasury a sum not 
exceeding 10 cents to any person who' may deliver to the county audit- 
or the head of any common crow, and the further sum of 5 cents for 
each and every crow's egg, exhibited in lots of ten, with affidavit that 
such heads were from crows killed and eggs taken from nests in the 
county. Provided further that the act does not apply to hawks and 
owls. 

BRIBERY. 

(Acts 1905, p. 584, Sec. 2378.) 

95. Penalty for Bribery. Whoever corruptly gives, promises or 
offers to any officer, either before or after his election, any money or 
valuable thing, to influence his action in any pending legal matter; 
and whoever being an officer accepts or solicits any money, premium 
or offering to influence such action, shall on conviction be imprisoned 
in the state prison from two to fourteen years, and fined not to exceed 
$10,000, and disfranchised and rendered incapable of holding office for 
a determinate period. 

(Acts 1905, p. 584, Sec. 2425.) 

96. Penalty for corrupt proceedings. Any person paying or agree- 
ing to pay any money or deliver anything of value to any county com- 
missioner for the purpose of procuring any contract for the construc- 
tion of any public work or building or the performance of any work, 
furnishing material for use of the county, or who having any such con- 
tract shall pay or agree to pay any county commissioner, having juris- 
diction, any money, percentage, drawback, reward, percentage or profit 



§97 Board of County Commissioners. 24 

thereon shall be fined $300 to $5,000, imprisoned 2 to 14 years, dis- 
franchised, and deprived from holding an office for a determinate 
period. 

(Acts 1881 S. p. 174, Sec. 2585.) 
97. Penalty for bribery in election. Whoever gives or offers a 
bribe, threat or reward to procure his election to any office under the 
constitution or laws of this state, shall be fined not over $1,000, nor 
less than $5 0; imprisoned in the state prison one to five years, and 
such person so offending, if elected to such offi.ce, shall be disqualified 
from holding office during the term for which he may have been 
elected, and also be disfranchised for a determinate period. 

BRroGES, ON COUNTY LINES. 

(Acts 1903, p. 19, Sec. 3777.) 
98a. County line bridges, erection, repair, purchase. Whenever 
public convenience requires the erection, repair or purchase of any 
bridge across any stream forming the boundary line between two or 
more counties in this state, upon application therefor to the Board of 
either of such counties such Board, if thought expedient, may declare 
its willingness to aid in the erection, repair or purchase, by resolution 
or order, and shall cause notice to be given to the other interested 
counties. When it has been ascertained that all the Boards have made 
such order, such Boards shall by a concurrent resolution cause a sur- 
vey and estimate to be made, submitting plans and specifications by 
some competent person, at some specified time, and place, at or near 
the site of such contemplated bridge, when such Boards shall meet in 
joint session to determine the kind of improvement to be made, and 
there adopt plans and specifications therefor to be filed with auditor 
of the first proposing county. 

(Section 3777.) 
98b. AVhen other county does not respond. In the case that a 
Board which has had notice of the proposed improvement does not' 
respond within 3 days, the proposing county has power to proceed 
with such building or repairing such bridge according to the law gov- 
erning such work wholly v/ithin one county, after having first obtained 
the consent of the landowner, whose land on opposite side will be occu- 
pied by such bridge, to the building of the same. 

(Section 3778.) 

98c. Duties to appoint superintendent. The Boards, while in joint 
session shall appoint one or more superintendents, who shall have full 
control and supervision of the erection or repair of said bridge, sub- 
ject, however, to such regulations as such Boards may adopt. 

Such superintendent is required to give bond in such sum required 
by the Boards and to their approval. 

(Section 3779.) 
98d. Payment enforced for building bridge. When in joint session 
the Boards shall make such appropriation for their respective coun- 



25 Board of County Commissioners. §98e 

ties as will make an equitable proportion to each county for the whole 
cost of construction, repair or purchase of such bridge, and by concur- 
rent order or resolution fix what proportion of such total expenditure 
shall be paid by each county interested. When the requirements in 
the first section of this act have been complied with and the proportion 
of cost to each county has been agreed to, and one of the counties 
which will be affected by such improvement refuses to join therein, the 
county desiring such improvement may proceed as provided in the first 
section, and when such cost does not exceed $3,5 00. the acting county 
is entitled to recover from such adjoining county as other claims 
against counties are collected and when claim is litigated, the judg- 
ment shall include a reasonable attorney's fee. 

(Section 3780.) 
98e„ Joint proceedings same as in one connty. All Boards pro- 
ceeding under this act to erect, repair or purchase joint bridges shall 
be governed by the law^s now in force for the erection of bridges 
wholly in one county, in the matter of advertisements for bids, letting 
of contracts, non-collusion affidavits and bonds of bidders. 

(Section 3781.) 
98f. Ownership of joint county bridge. Each county shall be re- 
garded as the owner of an interest in any such joint bridge erected, 
repaired or purchased in pursuance of this act, and each shall have a 
voice in regulating the use of it. 



BRIDGES, TOWNSHIP — COUNTY LINES. 

(Acts 1885, p. 58, Sec. 3782.) 
9iJa. Preliminary proceedings for erection. Whenever a petition 
shall be presented to the Board signed by 25 freeholders of any town-, 
ship of any county, which township is bounded on any side thereof by 
a stream, which stream forms the boundary line between two counties 
of this state, asking such township to make an appropriation of money 
to construct, or aid therein, or repair of a free public bridge used for 
highway purposes only, across such stream, to an amount and upon 
such terms and conditions as may be specified in the petition, not ex- 
ceeding, however, two per centum upon the amount of taxables of such 
township on the tax duplicate for the preceding year, and when the 
purpose is to give aid in construction or repair, specifying further 
the fund the same is to be in aid of, and the point as near as prac- 
ticable on such stream such bridge is, or is to be, located, the Board 
being satisfied that petition is properly signed, shall cause the same 
to be entered at full length upon its record. 

(Section 3783.) 
99b. Election to be ordered. The Board shall take such petition 
under advisement, and thereupon order an election to be held in such 
township on a specific date not more than 60 nor less than 30 days 
thereafter, to vote upon the subject of the proposed appropriation. 



§99c Board of County Commissioners. 26 

(Section 3784.) 
99c. Auditor's duties concerning bridge election. Notice of such 
election shall be given by the auditor by publication for four successive 
weeks in some newspaper of general circulation in the county and by 
the posting of hand-bills in 15 public places in the said township three 
weeks prior to date of the said election. The auditor and sheriff shall 
certify to their respective acts herein, which when recorded on the 
record of the Board, shall be sufficient evidence of such facts. 

(Acts 1885, p. 58, Sec. 3793.) 
99d. To i^ass must have 60 per cent, majority votes — Tax levy. 

The act requires a majority of 60 per cent, of the votes cast in favor of 
the appropriation, and when so carried the Board at its June session 
shall levy a special tax for at least one-half of the amount specified in 
the petition; the residue being taken care of at the June session of the 
following year. 

Note: The county council now levies all taxes. See Sec. 
5949 Burns' R. S. 

(Acts 1885, p. 58, Sec. 3794.) 
99e. Election expenses, how paid. The expenses of such township 
election are to be advanced by the county and are to be repaid from 
the first moneys collected by such taxation, in the event that the vote 
has been favorable to the appropriation. 

(Acts 1885, p. 58, Sec. 3796.) 
99f. When Board may give aid. Whenever any township shall 
have voted to construct, or to aid in constructing such bridge, and the 
tax in pursuance of said vote has been levied, the Board may if it 
thinks public convenience requires the same, let a contract for such 
construction or repairs of the bridge, under the same rules as for 
letting a bridge wholly in one county. And if the amount so voted 
and levied is not sufficient to construct or repair such bridge, the 
Board may add thereto out of any funds in the treasury unappropri- 
ated, an amount sufficient to construct or repair said bridge, or may 
levy a tax on the county to make up such deficiency. 

(Acts 1885, p. 58, Sec. 3797.) 
99g. Board to withhold tax levy until bridge is let. No tax, under 
this appropriation, shall be collected or paid until after the Board has 
made a contract for the building, or repairing of such bridge; and in no 
case shall the tax be returned as delinquent until after such letting, 
but shall be continued on the tax duplicate. When the letting has 
been made the Board shall notify the treasurer who then shall proceed 
to collect such tax. 

(Acts 1885, p. 58, Sec. 3798.) 
99h. Board may advance money to erect. Whenever the Board 
shall let a contract to construct or repair a bridge under the provisions 
of this act, it may pay for the same out of any money in the treasury 



27 Board of County Commissioners. §99i 

not otherwise appropriated, and when such levied tax in said township, 
as in the act provided, is collected, the Board shall reimburse the 
county out of said tax. 

(Acts 1899, p. 63, Sec. 3799.) 
99i. Duties of auditor. Under a supplemental act approved March 
1, 1899, if the appropriation voted by such township is to aid an- 
other township in the State on the opposite side of the stream, it 
becomes the duty of the auditor when the returns of such election 
shall be filed with him, to notify the auditor of the county in which 
such opposite tov/nship is situate, of the result of such election, and of 
the amount of such appropriation. When such tax shall have been 
levied as provided in the act, each auditor shall notify the other of 
the fact, and bring to the attention of his Board, Avhen the Boards 
shall immediately appropriate from its county, from the general fund, 
an amount equal to the tax voted by the township therein. 

(Acts 1899, p. 63, Sec. 3800.) 
99j. Which county controls lettings. This supplemental act further 
provides that the Board of the county, in which its township voted 
the greater appropriation, shall control, and shall let the contract 
for the construction or repair of such bridge, under the same rules 
provided by law for bridges constructed wholly in one county. 

The fund appropriated by the other township shall be remitted 
to the treasurer of the other county whose Board has let the con- 
tract, to be used as may be required, prorating such appropriations 
to complete the work. 

BRIDGES, ON TOWNSHIP LINES. 

(Acts 1895, p. 195, Sec. 3801.) 
100a. Preliminary proceedings hefore Board, Whenever a petition 
shall be presented to the Board signed by 25 freeholders of any 
township of such county, which township is bounded on any side by 
a stream of water, which forms the boundary line between two town- 
ships, whether situated in the same or different counties, asking to 
make an appropriation of money to aid another named township in 
furnishing payment of one-half the cost of constructing a public bridge, 
or two or more of such bridges, to a stated amount not exceeding, 
however, the two-thirds of one per centum of taxable property of 
such township on the tax duplicate of the preceding year, specifying 
points of location of such bridges, the Board being satisfied that the 
petition is properly signed, shall order its record at full length. 

(Acts 1895, p. 195, Sec. 3802.) 
lOOh. When Board shall order election. The Board shall there- 
upon order an election in such township, at the several voting places, 
or may consolidate the precincts into one, which is named in case 
there are more than one, to be held not less than 3 nor more than 
60 days thereafter, to be taken upon the subject of appropriating 



§100c Board of County Commissioners. 28 

money of aiding in the construction of the bridge or bridges as prayed 
for in such petition. 

At the same time the Board shall appoint inspectors for such 
election. 

(Acts 1895, p. 195, Sec. 3804.) 
100c. Duties of auditor. Notice of such election shall be given by 
the auditor by publication for four successive weeks in some news- 
paper of general circulation in the county, and by the posting of hand 
bills in 15 public places in said township, three weeks prior to said 
election. 

The auditor and sheriff shall certify to ther respective acts herein 
which when recorded on the record of the Board shall be sufRcierit 
evidence of such facts. 

(Acts 1895, p. 195, Sec. 3811.) 
lOOd. Returns of election filed Avith auditor. Statement of the 
vote at such election shall be filed with the auditor who shall record 
the same at full length in Board's record and shall file and preserve 
all certificates, poll books and tally sheets. 

(Acts 1895, p. 195, Sec. 3812.) 
lOOe. Levy of tax by Board — Limitation. If a majority of the votes 
cast shall be in favor of said appropriation in each township voting, 
if both be in the same county, the Board at its next regular session 
shall make an order to be entered at full length on its record, grant- 
ing the prayer of the petition and shall levy a special tax upon the 
real and personal property of said townships but not exceeding one- 
third of one per centum of such valuation, to be collected the same 
as other taxes, and the residue of such tax to be levied the follow- 
ing year, at the time for levying county and state taxes. 

Provided, That no part of said tax shall be levied unless both 
townships, the one on either side of the stream, vote in favor of said 
appropriation. 

(Acts 1895, p. 195, Sec. 3813.) 
lOOf. When township bridge is on county line. Where the stream 
is a county boundary line, and separates the two voting townships, 
and when the returns of such election is favorable to the proposi- 
tion and is filed with the auditor, he shall by writing certify to the 
auditor of the other county the result of vote polled and the amount 
of the appropriation made by the township. The receiving auditor 
shall record at full length on the record of his Board, same as men- 
tioned before. The Board of each of said counties, at their next 
regular session shall make an order to be recorded at full length 
and shall respectively le\;y a special tax of at least one-half of the 
tax voted and the other half of the said tax the following year. 

(Acts 1895, p. 195, Sec. 3814.) 
lOOg. Powers of Board when on county line. Boards have the 
power to make an appropriation out of any unappropriated money in 



29 Board of County Commissioners §100h 

the county treasury to pay for the construction of such bridge or 
bridges, and if there be no moneys in the county treasury for. that 
purpose, the Board can make provision therefor. And when the taxes 
voted by the townships, as herein provided shall be levied and col- 
lected, said county shall be reimbursed for one-half the amount that 
said bridge or bridges cost. 

When in different counties, the respective counties shall make ap- 
propriations out of any moneys in their treasuries, not otherwise ap- 
propriated and to pay such county's proportionate part of that half 
of the cost not voted by the townships. 

Said half not voted by the townships shall be apportioned between 
the counties in proportion to the aggregate taxable property of the 
respective counties, as the same appears on the tax duplicate for the 
preceding year. 

In case in either of the treasuries there be no available moneys, 
the Board of such county shall make provision to pay the amount 
voted by its township and to pay its proportionate part of the half 
to be furnished by the two counties, as provided. To the extent the 
proper county may furnish the funds to pay what its township has 
voted, said county shall be reimbursed when the taxes voted by such 
township are levied and collected. 

(Acts 1895, p. 195, Sec. 3815.) 
lOOh. Plans, specifications, estimate. When the first installment 
of taxes voted by the townships has been levied, the Boards of the 
two counties shall, by concurrent resolution, cause a survey and esti- 
mate to be made and require plans and specifications to be sub- 
mitted therewith by some competent person to the respective Boards 
at some specified time and place at or near the sites of contemplated 
bridges, when such Boards shall meet in joint session, to estimate 
and determine the kind of bridges that shall be erected, the manner 
and time of payment of same. 

Provided, That whenever the Board so notified shall refuse to 
join, then the Board giving the notice may build such bridge or 
bridges under the same rules and regulations for building a bridge 
wholly within one county, and have a claim against such delinquent 
county. Such claim to be collected as other claims are enforced, and 
interest, and shall also include a reasonable attorney fee. 

(Acts 1895, p. 195, Sec. 3816.) 
lOOi. Procedure when Boards cannot ag:i'ee. In case that the Boards 
of the counties cannot agree in relation to the matters herein, then 
the Board of that county whose appropriations herein provided for, 
including that voted by the township in such county is the largest, 
shall take jurisdiction and proceed to build the bridge or bridges 
under the rules and regulations in force for building bridges wholly 
within the county. 

In such case, said county shall have a claim against the other 
county for payment, for the amount such delinquent county and 
township should furnish. 



§100j Board of County Commissioners. 30 

(Acts 1895, p. 195, Sec. 3817.) 
lOOj. Joint Board appoints superintendents. While the Boards of 
the two counties are in such joint session, they shall appoint one or 
more persons as superintendents, who shall have full control and 
supervision of such bridge, subject, however, to regulations deter- 
mined upon by the Board. 

(Acts 1895, p. 195, Sec. 3818.) 
100k. O^vnership of joint bridge — Repairs of. It becomes the 
duty of the Boards, in joint session to make appropriations for their 
respective parts in the proportions indicated in the act. 

When such bridge has been completed, the ownership obtains to 
the townships and counties in proportion to such appropriations. Re- 
pairs thereafter to be paid by the townships one-half in proportion 
to their respective proportions and the counties one-half in like pro- 
portions. 

BRIDGES, COUNTY. 

(Acts 1857, p. 20, Sec. 3821.) 

J 01 a. Board to cause survey and estimate. Whenever in the opinion 
of the Board the public convenience shall require that a bridge should 
be repaired or built over any water course, they shall cause a sur- 
vey and estimate to be made therefor, and direct the same to be 
erected. 

(Section 3822.) 

101b. When Board may aid, or construct. If the estimate there- 
for shall exceed the ability of the road district in which such bridge 
is to be built by the application of its ordinary road work and tax, 
to perform, the Board (through the county council) may make an 
appropriation from the county treasury to build or repair the same, 
provided the bridge, to be erected or repaired, does not cost to ex- 
ceed $100. (See Acts 1913, p. 609; Burns R. S. 3823a, Sec. Ill this 
book.) 

(Acts 1857, p. 20, Sec. 3823.) 

102. Board may accept donations. Board shall receive and appro- 
priate all donations for the erection and repair of bridges; and they 
shall also aid the same when of general importance by advances from 
the county treasury and shall regulate payments and the kind of 
bridges to be erected. 

The matter of aid by the Board is left to its discretion. 

(Acts 1855, p. 18, Sec. 3827.) 

103. When Board may charge toll. The Board may charge toll 
on any bridge erected in said county to pay the cost of erecting the 
same, but in no case shall such tolls be continued after the sum 
expended in such bridge shall have been derived from such toll. 

(Acts 1881, p. 5, Sec. 4405.) 

104. Public aid to bridge on state line. Public aid may be given 
by countes or any townships in the construction of any bridge over 



31 Board of County Commissioners. §105 

any river or stream forming the boundary of the state, either, by a 
donation or in taking stock in same under the provisions of act ap- 
proved March 5, 188 1. 

(Acts 1855, p. 18, Sec. 3828.) 

105. Board to keep county bridges in repair. The Board of Com- 
missioners of such county shall cause all bridges therein to be kept 
in repair, and shall cause the township superintendent of the proper 
road-district to keep in a conspicuous place, at each end of any bridge 
in his district whose chord is not less than twenty-five feet, the fol- 
lowing notice in large English character: "ONE DOLLAR FINE 
FOR RIDING OR DRIVING ON THIS BRIDGE FASTER THAN A 
WALK." And if any person shall ride or drive over any such bridge 
faster than a walk, for any such offense he shall forfeit and pay 
one dollar, to be recovered by the proper township superintendent 
before any justice of the peace of the proper county; which shall be 
applied to the repairs of such bridge. 

Note: See Sec. 108, this book, for supplementary act. 

(Acts 1855, p. 74, Sec. 3829.) 

106. When Board erects bridge within city or to^^^l. All bridges, 
the estimated costs of which shall exceed $500, to be built within 
the corporate limits of any city or town shall be built by the Board 
in the same manner and paid for out of the same funds that other 
bridges without such corporate limits of such town or city are by 
law built and paid for. 

Note: Cities or towns cannot mandate the Board to build 
such bridges. This section does not take from cities the 
power to build or repair such bridges. Burns R. S., Sec. 7692; 
Board v. State, 141 Ind. 187; City of New Albanv v. Iron & 
C. Co., 141 Ind. 500. 

(Acts 1855, p. 18, Sec. 3831.) 

107. When bridge is abandoned by company. Whenever a bridge 
company abandons any bridge, or when its right to take toll has 
expired, by limitation of its charter, the Board may require the 
same, and the grades thereto, to be repaired, and for that purpose 
the Board shall possess all the powers for building or repairing 
bridges. The Board may cause toll to be charged on such bridge, 
as in other cases, or may at its discretion authorize the bridge com- 
pany, whose charter has expired to repair the bridge or grade and 
take such tolls as the Board may fix for that purpose. 

(Acts 1905, p. 521, Sec. 7691.) 

108. Supplementary act as to bridge repairs. It is the duty of 
the Board to cause all bridges in the county to be kept in repair. 
The Board shall cause the proper road supervisor to keep in a con- 
spicuous place on each end of a bridge, having a chord of 25 feet, 
or over, warning signs, a notice in large letters: "ONE DOLLAR 
FINE FOR RIDING OR DRIVING ON THIS BRIDGE FASTER THAN 



§109 Board of County Commissioners. 32 

A WALK." Any person violating this injunction, or whoever maj^ 
wilfully injure such bridge, for each offense he shall forfeit and pay 
any sum not less than $1.00 nor more than treble the damages 
legally ascertained, to be collected by suit of the supervisor before 
any justice of the peace in such county. 

Note: The first sentence above must be construed in con- 
nection with Sec. 3823a Burns R. S.; also with Sees. 105, 106 
and 111, this book. 

(Acts 1905, p. 521, Sec. 7692. 

109. Duty of Board, when bridge within coiporation. Boards may 
build or repair a bridge within the corporate limits of a town or city, 
in and after the same manner as without a corporate city. 

Note: This section does not take from cities and towns 
their power to build or repair bridges within their corporate 
limits; nor does this section relieve cities and towns of their 
duty to see that bridges within their corporate limits are kept 
in repair. See note under Sec. 10 6, this book. 

(Acts 1913, p. 162, Sec. 7693.) 

110. Full proceedings, in joint county bridge. When public con- 
venience requires the erection, repair or purchase of any bridge across 
a stream forming the boundary line between two or more counties, 
rquiring a span of more than 2 feet in length, upon application, 
the Board of either county may declare its willingness to aid therein, 
and cause notice to be given to the other county. When it is ascer- 
tained that the Board of such other county has made a like order, 
through the certificate of its auditor, such Boards, in the case of 
the erection, repair or purchase of such bridge, by concurrent reso- 
lution shall cause a survey and estimate to be made submitting plans 
and specifications by some competent person to be presented to the 
Boards at a specified time and place, at a joint meeting of the Boards 
at or near the site of such bridge. At such time estimates, the de- 
termination of kind of bridge, or of repairs, shall be made, and the 
manner and time of payment therefor. 

Such plans shall be filed in office of auditor of the first county 
and a complete record made of all proceedings relating to such bridge. 

In the event that after the notice to the Board of the second 
county has been given it shall, within 3 days, refuse or fail to 
accept or act on same by joining in the proposition, the Boards pass- 
ing such order, if deemed that public convenience requires it, may 
build, repair or purchase such bridge under the same rules and 
regulations as may be in force for such action for bridges wholly 
within one county, after having first obtained, in case of erection of 
a bridge, the written consent of the landowner in the adjoining county, 
whose land will be occupied by any part of such bridge. 

In case of the erection or repair of a bridge, the Boards while 
in joint session shall appoint one or more persons as superintend- 
ents who shall have full control and supervision of the erection or 
repair of such bridge. Such superintendents shall give approved bonds 
in sums as required by the Boards. 



33 Board of County Commissioners. §111 

The Boards, in joint session, shall fix the appropriations which 
shall be made by the different counties, which shall be proportioned 
to the total taxables of such counties. 

In case of the refusal of any county, as has been mentioned, to 
join in the proposition, the county desiring may construct or repair, 
and when the cost does not exceed $10,000 the county making such 
improvement shall be entitled to recover from the other counties 
affected by such improvement the amount that such county should 
have paid, had it joined in the improvement, such claim to be en- 
forced as other claims against counties are enforced, and if litigated 
to include a reasonable attorney fee in the judgment. The laws 
relative to advertisements for bids, letting of contracts, affidavits, 
and bonds shall obtain. Each county shall be regarded as part owner, 
and shall have a voice in regulating the use of the bridge. 

(Acts 1913, p. 609, Sec. 3823a.) 

111. When townships shall erect — $100 limit. All bridges here- 
after erected or repaired on public highways, when such cost shall not 
exceed $100 shall be built by the township trustee and paid for out 
of the township road fund. 

Note: This act refers only to highways under the control 
of township trustees. The bridge is a part of the highway, 
and the approach to the bridge is a part of the bridge, 

BRIDGES AND CULVERTS. 

(Acts 1913, p. 869, Sec. 7774.) 

112. Bridges and culverts — location and repairs. If the township 
trustee of the township where any proposed bridge or culvert is to 
be located or repaired shall notify the Board of Commissioners of his 
county of the necessity of such location or repair, and if in the opin- 
ion the commissioners the public convenience shall require the building 
or repairing thereof, they shall cause surveys and estimates to be 
made and provide for the erection of the same: Provided, That if the 
Board of Commissioners shall not deem such bridge or culvert of suf- 
ficient importance to justify an appropriation from the county treasury 
for the building or repair thereof, the trustee of the townships in which 
is located such bridge or culvert may appropriate any part of the road 
fund in the township treasury for that purpose, if he shall deem it right 
and expedient to do so. 



BRIDGE COMPANIES — CORPORATIONS. 

(Acts 1859, p. 45, Sec. 4370.) 
113. How companies are organized. Any number of persons may 
form themselves into a corporation for the purpose of constructing 
and owning a bridge across any river, creek or other water course, by 
complying with the laws regulating the incorporation of companies. 
When amount is subscribed sufficient to complete such bridge, such 
company shall first obtain the consent of the Board for authority to 

3—4842 



§113a Board of County Commissioners. 34 

erect such bridge. If the proposed bridge crosses a stream dividing two 
counties, the company shall obtain the consent of the Boards of both 
counties. 

BURIAL — BX-SOLDIERS AND SAILORS. 

(Acts 1915, p. 12.) 
113a. Soldiers and Sailors — Allowance for burial. Whenever any 
honorably discharged soldier, sailor or marine, who may have at any 
time served as a regular or volunteer soldier, sailor or marine in the 
army or navy of the United States, or the wife, or widow of any such 
soldier, sailor or marine, resident of any county of this state, other 
than the inmates of the Indiana state soldiers' home or the National 
military home in Grant county, shall die, upon claim filed by any 
interested person with the Board of Commissioners of the county, stat- 
ing the fact of such service, death and discharge, and that the body has 
been buried in a decent and respectable manner in a cemetery or burial 
ground in this state, such Board of Commissioners shall investigate, 
hear and determine such claim like other claims, filed for allowance by 
them, and if, the facts averred are found to be true, such Board shall 
consider, also, the tribute of respect due to such soldier, sailor or 
marine and make allowance of such claim in a sum not exceeding fifty 
dollars ($50.00) for service rendered and material furnished in care of 
such body and such burial: And be it further Provided, That in case 
of such death and burial, it is averred in such claim and proven that 
from actual necessity a burial place not to exceed the sum of twenty- 
five dollars ($25.00) for the body of such soldier, sailor or marine, or 
the body of the wife, or widow of such soldier, sailor or marine was 
purchased in the most accessible cemetery, such Board shall make 
further reasonable allowances in payment for such burial place, and 
such allowance in either or both cases shall be paid from the funds of 
such county, as now provided by law. 

All laws and parts of laws in confiict herewith are hereby repealed. 

Note: It is believed that the act of 1915 repeals sections 
9774 and 9775 Burns R. S., sections 125 and 126 this book, 
and that the trustee is now relieved of the duty of burying 
soldiers and sailors except as far as such duties may be en- 
joined by the poor laws.— The Editor. 

CANALS. 

(Acts 1859, p. 52, Sec. 4409.) 

114. Procuring consent of Board. A corporation formed under the 
provisions of the Act of 1859, p. 52, for the purpose of constructing, 
owning and operating a canal, thereafter to be built, before proceed- 
ing with such construction must first obtain, and have of record, the 
consent of the Board of the county in which said new canal is to be 
made and constructed. 

(Acts 1873, p. 49, Sec. 6035.) 

115. Public aid by county, when. In any county where there passes 
a canal in use for navigation, public aid may be given by the Board to 
put and keep in repair. 



35 Board of County Commissioners. §116 

This is limited to an annual payment of $10,000, which by the act 
is required to be expended within the county. 

The payment is made to the agent or superintendent of such canal 
upon filing vouchers showing that the outlay for work, labor and 
material, has been made for the amount of money demanded. 

CEMETERIES. 

(Acts 1879, p. 84, Sec. 4433.) 

116. Procedure for incorporation of cemetery. Boards have the 
power to incorporate cemetery associations upon the petition of a ma- 
jority of the lot owners, being resident of the county, proof by athdavit 
being made; such petition to contain the particular description, the 
name of such cemetery, when and where a plat is recorded; that 20 
days' notice of the filing of such petition prior to the meeting of the 
Board, and that the posting in five public places in the township was 
made. 

When satisfied that the requirements have been made, the Board 
shall grant the prayer, fix the number of directors at not less than 
three nor more than nine, and shall fix the time, place and manner of 
choosing directors by election, providing for at least 20 days' notice 
thereof. 

(Acts 1881 S. p. 105, Sec. 4439.) 

117. How heads of families may organize. Whenever the heads of 
families, resident of the county, whose dead are buried in any ceme- 
tery, the title of which is vested in the Board, become organized as a 
corporation for the burial of the dead and the maintenance of a ceme- 
tery, after three weeks' newspaper publication praying for the con- 
veyance of such cemetery, the filing of a bond to keep same in good 
order, the Board being satisfied as to the propriety of granting such 
request and sufliciency of the surety, may convey the land occupied by 
such cemetery to such association. 

(Acts 1903, p. 216, Sec. 4448.) 

118. Highways prohibited through cemeteries. The acts of 1903 at 
page 216 make it unlawful for the Board to authorize the location or 
construction, of any public highway on any real estate held, used or 
occupied as a cemetery or burial ground, or to encroach in any wise 
on same. 

(Acts 1895, p. 16, Sec. 4449.) 

119. Restriction of highway in cemetery (Indianapolis). Boards, 
or municipal authorities are prohibited from locating any street, alley 
or other highway in any county having a city of 10 0,000 (Indianapolis) 
or more inhabitants within its boundaries, through the lands dedicated 
as a cemetery. 

The act excepts grounds which have been abandoned as a cemetery, 
or in which burials are no longer permitted. 

(Acts 1 R. S. 1852, p. 458, Sec. 4994.) 

120. When lands deeded to Board in trust. Lands which have been 
conveyed to the Board, by deed duly recorded, for the purpose of a 



§121 Board of County Commissioners. 36 

public or private cemetery, shall be held by such Board in trust for 
such purpose. 

Note: This section is no doubt modified by Section 4439 
Burns R. S. 1914, enacted in 1881, and must be construed in 
connection with Section 4439; see Sec. 117, this book. 

(Acts 1905, p. 383, Sec. 8950.) 

121. How Board may convey cemetery. It is lawful for the Board, 
at any regular session, to convey to any city or town any public ceme- 
tery in the vicinity of, or within the corporate limits of such city or 
town, upon the application of the Board of Public Works, the common 
council or the Board of Trustees. Newspaper publication of two weeks 
and posting in three public places in such town or city of pendency of 
application being required preliminary to such conveyance. 

122. Duty of township trustee. 

Note: Reference might here be had to the act of 1913, at 
page 2 90, which provides for the care of abandoned cemeteries 
by the township trustees; also to the act of 1911, at page 15 3, 
which provides that where a cemetery under the control or 
ownership of a church or religious society has been abandoned 
for 20 years or more, it is lawful to remove and re-inter all 
bodies with gravestones and markers. 

(Acts 1909, p. 160, Sec. 4440b.) 

123. Combining of contig:uous cemeteries. Whenever the Board of 
directors of two or more contiguous cemeteries shall desire to unite 
them under one control, by resolution, the secretary of each corpora- 
tion, shall make certified transcripts of such resolutions, which shall be 
filed by their presidents, with the county Board, with the name desired 
for the new cemetery when combined. 

Twenty days' notice by publication in weekly newspaper of the 
county of the pendency of the application is required. 

The Board finding that the petition and publication are perfect shall 
order such contiguous cemeteries combined under such new name 
whereupon the directors are authorized to complete its organization. 

CEMETERY ENDOWMENTS. 
(Acts 1915, p. 581.) 
123a. Cemeteries — -Trust fund. The County Commissioners of any 
county in this state shall be required and authorized to receive from 
any person or persons a deposit or legacy of money to be held in trust 
in perpetuity or for such period as the donor or testator shall designate 
in writing, the interest of which shall be used for the purpose of keep- 
ing in good condition any abandoned cemetery or any public or incor- 
porated cemetery, or any lot or lots, monuments, mausoleums, vaults 
or other burial structures in any cemetery of the state. The County 
Commissioners shall not be authorized or required to expend for such 
purpose any more than the interest accruing from such funds. No 
such trust shall be accepted by the county commissioners, the initial 
amount of which shall be less than one hundred dollars ($100.00). 



37 Board of County Commissioners. §123b 

All such moneys so received by the county commissioners shall be 
loaned by the county auditor in like manner as the common school 
fund is loaned and at the same rate of interest. The loans shall be 
made in the name of the trust to which it belongs; but the county 
auditor may combine the money belonging to two or more trusts into 
one loan, by taking a separate note for each fund, all secured by one 
mortgage. The appraisers shall be the same used by the auditor to 
make the school fund loan. 

123b. Loaning: trust funds. The following fees shall be charged in 
case of mortgage for loans: To each appraiser, fifty cents; for record- 
ing mortgage, one dollar; for drawing mortgage, one dollar; for 
making borrower's affidavit, ten cents; for clerk's certificate, fifty 
cents; examining title by county attorney, two dollars; all of which 
fees shall be paid by the borrower. 

CERTIFICATES OF ELECTION. 

(Acts 1 R. S. 1852, p. 223, Sec. 9138.) 

124. Which officers get certificates. All county officers elected by 
the people who are not commissioned by the governor, shall receive 
certificates of their election from the clerk of the circuit court of such 
county. 

CHARITIES. 

(Acts 1909, p. 233, Sec. 3678.) 

125. Board of county charities. Under the provisions the act ap- 
proved February 17, 18 99, upon the petition of 15 reputable citizens 
the circuit court shall appoint six persons, not more than three of 
whom shall be of the same political party or belief and not more than 
four of them to be men, who shall constitute the board of county 
charities and corrections. 

Their duties embrace the inspection of the county poor asylum, 
county jail, the home for orphans, if such exists, such lock-up and all 
other charitable or correctional public institutions as exist in the 
county. Reports in writing of such inspections and their recommenda- 
tions shall b made quarterly to the Board of Commissioners by first 
Monday in March, June, September and December of each year. 

The council shall appropriate, and the Board allow not to exceed 
$50, each year, for the actual expenses of such board of county chari- 
ties and corrections, including the expense of a delegate to the state 
conference. 

(Acts 1859, p. 34, Sec. 6014.) 

126. Board to contract for medical aid, when. It is specially made 
the duty of the Board to contract with one or more skillful physicians, 
having a knowledge of surgery, to attend upon all jail prisoners or 
paupers in the county asylum, and may also contract with a physician 
to attend upon the poor generally in the county. 

No claim of a physician or surgeon for such services, shall be 
allowed by the Board unless in pursuance of such contract. 



§127 BoAED OF County Commissioners. 38 

This section shall not be so construed to prevent township trus- 
tees, in townships where physicians are not provided for, from the 
employment of medical and surgical services, as paupers therein may 
require. The courts have decided that this contemplates the establish- 
ment of a county and not a township system. 

Note: This section is modified by a later statute, Sec. 59 50 
Burns R. S., Sec. 523 this book, enacted in 1899, and must be 
construed in connection with Sec, 595 0. 

(Acts 1857, p. 18, Sec. 6039.) 

127. Duty of Board — Separation of infirm man or wife. The Board 
may, in its discretion, order the county treasurer to pay such sums of 
money as the Board may deem proper, for the support of resident in- 
firm persons, direct to such infirm persons, or to persons having them 
in charge, in order that such infirm persons may not be separated from 
their husbands or wives, by being placed in the county asylum, upon 
satisfactory proof that such infirm persons have husbands or wives; 
are unable to support themselves because of blindness or some casual- 
ty; and are objects of public charity. 

(Acts 1873, p. 106, Sec. 6040.) 

128. When may give aid to cripples. When a cripple, resident of 
the county, unable to pay expenses of boarding and lodging at any 
institute for cripples, and can procure certificate of a reputable physi- 
cian or surgeon that by proper appliances and surgical aid, there is a 
reasonable prospect of benefiting such cripple, and can prove his ina- 
bility to pay such board and lodging, the Board, being satisfied, may 
provide such expenses from the county treasury, together with costs of 
transportation, but in no instance to pay for surgical or m^edical treat- 
ment. 

Note: This section must be construed in connection with 
Sec. 5950, enacted in 1899, Sec. 523, this book. 

(Acts 1889, p. 87, Sec. 6041.) 

129. When may appropriate for home indigent old women. In all 

cases where property to the amount of $12,000 or upward has been 
given, devised or bequeathed in trust for the purpose of establishing a 
home for worthy indigent old women, of such county, the Board may 
appropriate a sum not exceeding the amount so given, devised or be- 
queathed as above. The limit, however, of any such appropriation being 
$25,000. 

Note: This section must be construed in connection with 
Sec. 5950, enacted in 1899, Sec. 523, this book. 

(Acts 1901, p. 323, Sec. 9744.) 

130. Duty of Board — To maintain county asylum. Every county 
shall maintain a county asylum in addition to any other charitable in- 
stitution permitted by law, and shall relieve and support therein such 
poor and indigent residents of the county as may be placed there by 
the overseers of the poor. The Board may contract with other charita- 



39 Board of County Commissioners. §130a 

ble institutions within the state for such relief and support of tlie poor 
therein maintained as a public charge of such county. 

Note: For appointment and duties of superintendent county 
asylum, Sees. 179-179e this book. 

130a, Appropriation for toAvnsMp poor. The council shall appro- 
priate and the Board advance to the township trustees, who are by 
law the overseers of the poor, the money necessary for the relief and 
burial of the poor in each township, which shall be accounted for and 
repaid to the county treasury as mentioned in another section. See 
Sec. 139 this book. 

Note: For levy of taxes for township poor, Sec. 139 this 
book. 

(Acts 1901, p. 323, Sec. 9751.) 

131. Limit of $15 poor relief to one family. The law limits the 
amount of relief by the township trustee to any poor person or family 
at $15, which does not include expenditures for burial, medical relief 
or assistance to children under the compulsory law. Before further 
aid can be made to him or them, a statement of the case must be pre- 
sented to the Board with full detail as to names, previous occupation, 
fj-ondition of health, fitness for labor, capacity and ability for work, 
names of near relatives in the township, if any, and efforts made by 
trustee to secure employment for those able to labor. 

(Acts 1901, p. 323, Sec. 9752.) 

132. When and Iioav Board grants additional relief. On inspection 
of the schedule furnished by the applying township trustee, the Board 
may authorize him to give additional relief to the person or persons. 

Duplicate copies of the statement must be filed, one for use of the 
state board of charities. 

(Section 9757.) 

133. Reports of all relief to state board of charities. All allowances 
for charities made from the public funds must be reported quarterly by 
the auditor to the state board of charities. 

(Acts 1901, p. 323, Sec. 9759 and 9760.) 

134. x\llowances forbidden \\'ithout trustees' reports. The statute 
requires every township trustee and every person who administers 
relief from the public funds to the poor, sick and needy who are not 
inmates of any public institution, to keep a record showing full name, 
age, sex, color, married or single, nationality and dates such relief was 
given, and other particulars. 

Quarterly, two copies of the record shall be filed with the Board, 
and it is unlawful for the Board to approve or allow the payment of 
any relief to any person who is not an inmate of a public charitable 
institution until the said two copies are filed with the auditor. That 
officer forwards quarterly one of such copies to the state board of 
charities. i 



§135 Board of County Commissioners. 40 

(Acts 1901, p. 323, Sec. 9761.) 

135. Right of appeal by pauper to Board, If any person shall sup- 
pose he or she is entitled to the benefit of the poor relief under the law, 
and the township trustee refuses so to give, upon application of such 
person the Board, if it thinks proper. may direct such trustee to relieve 
such person on his or her application therefor. 

(Acts 1901, p. 323, Sec. 9764.) 

136. When non-iesiclent likely to become public charge. Upon com- 
plaint of any township trustee, any justice of the peace by warrant 
directed to any constable or other person designated in such warrant 
may cause any non-resident poor person in his township, likely to 
become a public charge, to be sent and conveyed, at the expense of the 
county, to the place where such person belongs, if same can be con- 
veniently done. But if such poor person can not be so removed, such 
person shall be relieved by the township whenever such relief is needed. 

(Acts 1901, p. 323, Sec. 9771.) 

137. Annual January poor report of trustees. Township trustees 
shall make their annual settlements, during the first ten days in Jan- 
uary, with the Board, or oftener if the Board directs, of air poor relief 
for the past year, and file all vouchers therefor as required by law. 

(Section 9772.) 

138. Senii-annual settlenient for poor. Boards are directed to set- 
tle with the overseers of the poor in the several townships at least once 
in every year, and oftener if they shall deem it necssary. 

(Acts 1907, p. 256, Sec. 9778.) 

139. Tax levy for poor in Sejjteinber. The county auditor of each 
county shall report to the Board of County Commissioners on the first 
day of the regular September term of said court, annually, the amount 
advanced during the preceding nine months and an estimate of the 
same for the remaining three months of the then current calendar year, 
to the overseer of the poor for poor relief and for medical attendance of 
the poor of each township by said Board. When the township levies 
are made the proper authorities of each township, for the poor of 
which any such advancements have been made, shall levy a tax upon 
the property of such township, to reimburse the county treasury for 
payments made on such advancements, which taxes shall be collected as 
are other township taxes, and shall be paid into the county treasury. 
If the proper authorities of any township shall fail to levy a sufficient 
tax to repay such advancements, the county auditor shall levy the same. 
The county auditor shall keep a debit and credit account with each 
civil township, showing the amounts received on said levy and the 
amounts advanced by the boards of county commissioners to the over- 
seers on account of the relief and burial of the poor, and on the first 
day of January of each year shall balance the account and as soon 
thereafter as possible transmit a statement of the balance to the over- 



41 Board of County Commissioners. §140 

seers of the poor of the townships. Such balance shall be taken into 
account in making the levy for the reimbursement of the county the 
ensuing year. 

(1 R. S. 1852, p. 401, Sec. 9780.) . 

140. Asylum for the poor. It shall be lawful for the Board of 
County Commissioners of any county in this state, whenever it may 
deem it advisable, to purchase a tract of land in the name of such 
county, and thereon to build, establish and organize an asylum for 
the poor, and to employ some humane and responsible person, resi- 
dent in such county, to take charge of the same, upon terms and 
under such restrictions as the Board shall consider most advanta- 
geous for the interests of the county, who shall be called the "superin- 
tendent of the county asylum". Where two or more counties shall 
have jointly purchased any tract of land, and erected an asylum for the 
poor of their several counties, they shall have the power to continue 
such joint ownership during their pleasure; and it shall be lawful for 
the county commissioners of two or more counties to jointly purchase 
land, erect an asylum, or do other things proper and necessary for the 
relief and comfort of the poor within the coupties forming such joint 
ownership, as is by this act provided. 

(Acts 1 R. S. 1852, p. 401, Sec. 9788.) 

141. Duticvs superintendent of county asylums. It shall be the duty 
of the superintendent of the county asylum to receive into his care and 
custody all persons who may become a county charge as paupers, to 
take such measures for the employment and support of such paupers, 
and to perform such other duties as the Board shall from time to time, 
establish, order and direct, consistent with the laws of the state. 

(Acts 1 R. S. 1852, p. 401, Sec. 9790.) 

142. How money may be raised to erect asylum. To raise the sum 
necessary for the purchase of lands, the erection and furnishing of the 
buildings for such county asylum, the Board shall have power to levy 
a tax on the property liable to be assessed for raising county revenue, 
limited to one-fourth in addition to the rates at which such property 
may be assessed by the existing laws. 

Note: This section is modified by Sec. 5 932 Burns R. S., 
Sec. 20 8 this book, and must be construed in connection there- 
with. 

(Acts 1 R. S. 1852, p. 401, Sec. 9791.) 

143. Duty of Board on completion of asylum. Upon completion of 
suitable county asylum buildings the Board shall direct the removal of 
all persons who have become a permanent charge upon the county and 
arrange for their employment and support. Thereafter it becomes the 
duty of the township trustee to cause removal to the asylum from his 
township of such public charges. 

This section must be construed with other laws placing certain 
indigent persons with other charitable institutions. 



§144 Board of County Commissioners. 42 

(Acts 1899, p. 118, Sec. 9792.) 

144. Bond of superintendent. The superintendent of the county- 
asylum shall give a freehold security bond at a sum to be fixed by the 
Board, of $500 to $5,000, conditioned for the faithful discharge of 
duty. 

He shall report to the Board, each spring and fall in detail as to 
the admission, health, fitness for labor, result of industry and expense 
incurred of each inmate of the asylum. 

The members of the Board, in person, shall annually inspect such 
asylum with regard to its fitness in all respects for the object of its 
establishment. 

(Acts 1 R. S. 1852, p. 401, Sec. 9795.) 

145. Board niay discontinue county asylum. The Board may dis- 
continue the county asylum, and such property, real and personal, may 
be sold, leased or otherwise disposed of, or applied in such manner as 
may be best for the interests of the county. 

Attention is here directed to section 5900, Acts 1907, p. 580, rela- 
tive to the manner in which public property shall be sold. Also to Sec. 
59 5, Acts 18 9 9, p. 34 3, relative to the required authority of the council 
as to sales and purchases of public property valued at $1,000 or more. 

(Acts 1 R. S. 1852, p. 401, Sec. 9797.) 

146. Board appoints board of visitors. The Board may, at its discre- 
tion, appoint a board of visitors to consist of one person from each 
township in the county, or a less number of persons, as thought best, to 
visit the county asylum at least once each year and to report to the 
Board its condition, the treatment, management and condition of its 
inmates. 

Note: See Sec. 3 65 of this book. 

(Section 97 98.) 

147. Compensation of board of visitors. The Board is required to 
make a reasonable compensation to such visitors thus appointed. 

(Acts 1881 S. p. 580, Sec. 9799.) 

148. Matron for children in county asylum. The Board of a county 
having children of sound mind between the ages of one and sixteen 
years, who are inmates of a county asylum, are authorized to select 
and appoint as matron, a woman of good moral character, sound judg- 
ment and suitable age and experienced in the care and training of chil- 
dren, and willing to accept the charge on the terms of the act, and put 
such children in her care and custody, at some convenient and suitable 
place separate from the county asylum. 

(Acts 1881 S. p. 580, Sec. 9801,) 

149. Duties of such matron. The general duties of the matron thus 
appointed are: to provide suitable food and clothing; to give them 
proper home training and education; and to further this, to send all 
of school age to the most convenient common school in the district, to 



43 Board of County Commissioners, §150 

be there received and taught, at least 3 months in the year; to engage 
such children in some suitable active labor when not at school or 
engaged in study, to the end that they may become useful, industrious 
and self-supporting citizens. 

(Acts 1881 S. p. 580, Sec. 9802.) 

150. Conipensatioii of inatron. As compensation for the services of 
such matron, the Board shall allow a per diem of not less than 25 
cents nor more than 30 cents per each child committed to and pro- 
vided for by her. 

Should the matron not have a suitable house and grounds of her 
own, the Board may purchase for her occupancy and use, a suitable 
house, ground for a garden and a cow. 

Payments to her shall be quarterly and out of the county treasury. 

(Acts 1881 S. p. 580, Sec. 9803.) 

151. When second nialron may be appointed. If there are more 
than 2 5 of such children, the Board may appoint a second matron, and 
if more than 40, a third matron, and the children divided, if the Board 
thinks this to be an advantage; but in no case shall the per capita per 
diem allowance of 3 cents be increased. Each matron shall receive 
the same pay. 

(Acts 1881, S. p. 580, Sec. 9804.) 

152. Matron to seek suitable homes for cliildren. To relieve the 
county of the charge of such children, each matron shall seek suitable 
homes within the county for the children; but none shall leave her 
control except by consent of the Board, 

The person accepting a child shall agree with Board to provide for 
and care for such child in every particular as such matron is required 
to provide for the children in her care. 

(Acts 1881 S. p. 580, Sec. 9805.) 

153. Mati'on keeps history of each child. Each matron shall keep a 
complete record of the history of each child and shall visit and examine 
condition and treatment of each child which is placed out, and if the 
agreement as to proper treatment, provision and schooling be not kept, 
the Board shall authorise the matron to recover the child. The Board 
may direct proper suit for redress for any injury to the child. 

All necessary expenses of the matron in this work to be allowed by 
the Board. 

(Acts 1881 S. p. 580, Sec. 9806.) 

154. Board's duty to appoint board of visitors. The Board at the 
time it appoints such matron, shall elect and appoint three resi- 
dents of the county, two of whom shall be women experienced in the 
raising of children, as a board of visitors, to visit and examine condi- 
tion of the homes and manner the children therein are kept and treated 
by the matron. Quarterly visits are required and a report of each to 
the Board. 

In case of neglect, or failure of duty, the Board shall remove such 
matron and appoint another in her place. 



§155 Board of County Commissioners. 44 

(Acts 1881 S. p. 580, Sec. 9807.) 

155. Boai'd provides home for childi'en. The Board shall provide 
such home, having children in care of a matron, at the expense of the 
county, with necessary medicines and competent medical attention for 
them when sick; also for burial of any who may die while in care of 
such matron; and the cost of the necessary school books. 

(Acts 1881 S. p. 580, Sec. 9808.) 

156. When resident cJiild may be with matron. Upon application 
and a satisfactory showing to the Board any orphan resident child of 
proper age, without means of support and no friends who will provide 
for it, may be placed in care of the matron as are the other children. 

(Acts 1881 S. p. 580, Sec. 9809.) 

157. Responsibility for child, when ceases. The liability of the 
county for care and provision of each child placed with a matron 
ceases when a suitable home is procured. 

The Board at its discretion may ordain a general rule to cease lia- 
bility when child is 16 years of age. Such child may remain with the 
matron at her expense, unless such will interfere with the comfort, 
employment and progress in industry and learning of the other chil- 
dren. 

CLAIMS. 
(Acts 1879 S. p. 196, Sec. 6002.) 

158. How claims shall be filed. Whenever any person or corpora- 
tion shall have any legal claim against any county, he shall file it with 
the county auditor, to be by him presented to the Board. 

Note: This section must be construed in connection with 
Sec. 5955 Burns R. S., enacted in 1899, Sec. 189, this book. 

(Acts 1899, p. 174, Sec. 6003.) 

159. County to furnish necessary blanks. The Board shall cause to 
be furnished proper blank forms for claims and affidavits to be filed 
against the county. Auditors are prohibited from making a charge for 
making such affidavits. 

(Acts 1897, p. 187, Sec. 6004.) 

160. When Board maj allow claims. Boards are prohibited from 
making any allowance, and the auditor from drawing a warrant except 
at a regular or special meeting of the Board. The act excepts as to the 
drawing of a warrant ordered by a court of competent jurisdiction and 
warrants relating to the management of school fund loans and insan- 
ity inquests. 

(Acts 1879 S. p. 106, Sec. 6005.) 

161. Duty of boards in matter of filed claims. The Board shall ex- 
amiine into the merits of all claims presented; and may in their discre- 
tion, allow any claim in whole or in part, as they may find it to be just 
and owing. 

Note: This section must be construed in connection with 
Sec. 5955 Burns R. S., enacted in 1899, Sec. 189, this book. 



45 Board of County Commissioners. §162 

(Acts 1897, p. 187, Sec. 6008.) 

162. Exceptions as to certain claims — Five days. All claims to be 
allowed by the Board, shall be duly itemized and yerified by the claim- 
ant, or by some one in his behalf, and shall have been filed in the 
auditor's office, and by him placed on the claim docket at least five 
days before the first day of the session of the Board. 

Claims for the payment of services of officers of the commissioners' 
court rendered at such term, and for services of viewers or reviewers 
of highways may be allowed at the session at which they are filed. 

(Acts 1909, p. 146, Sec. 7546n.) 

163. Exception as to state board of accounts. Another exception 
appears in Acts 1909, p. 146, Sec. 14, wherein the auditor is required to 
issue his warrant, without any appropriation being made therefor, 
upon the certificate of the state examiner of the state board of ac- 
counts, for expense of examination and investigation of field examiners 
of that department. 

(Acts 1911, p. 413, Sec. 6004b.) 

164. Exception as to judgment against county. The act of 1911, p. 
413, re-enacts: that the auditor shall issue his warrant for an allow- 
ance by the Board for which an appropriation has been made by the 
proper authority. 

Further, that upon the judgment, decree or order of any court of 
common law jurisdiction, where the county is a party, and process has 
been duly served for payment of such claim, and the filing of a certified 
copy of such judgment decree or order, with the auditor, and the allow- 
ance of such claim by the Board, the auditor shall issue his warrant 
therefor. 

(Acts 1913, p. 61, Sec. 1652.) 

165. Exception as to salaries of judges. Still another exception is 
found in Acts 1913, at page 61, providing for an increase of salary of 
judges of the circuit or superior courts in a county containing a city 
of 30,000 population, or cities of aggregate population of 60,000, on 
petition of 20 or more resident freeholders; the Board can fix an in- 
crease, not in excess of $1,500, payable by such county, and for which 
no appropriation is required by the council to authorize such payment. 

(Acts 1911, p. 365, Sec. 8323b.) 

166. Exception as to local option elections. The act of 1911 pro- 
vides for the payment of the expenses of an election for city or town- 
ship local option, without any specific appropriation being first made 
therefor. 

(Acts 1911, p. 414, Sec. 7724a.) 

167. Exception as to expenses of certain gravel roads. That when- 
ever, in the past, or hereafter, the qualified electors of any township or 
townships, including towns or cities in said township or townships have 
voted, or may vote for the improvement by grading, graveling, paving 
with stone or other paving, or macadamizing material, any road or 
roads said township or townships under any law of this state, and 



§168 Board of County Commissioners. 46 

the Board of County Commissioners of the county wherein said road 
or roads are situated has advertised according to law for bids for the 
construction of said road or roads and has received no bid within the 
estimated cost thereof for tlie construction of said road or roads, and 
two years have elapsed since the first advertisement for such bids, it 
shall be the duty of such Board of Commissioners, upon the expiration 
of said two years, to pay from the general funds of the county, without 
an appropriation being made therefor, the fees due the engineer, sur- 
veyor, viewers, election officers, cost of advertising, election supplies, 
and all fees, costs, and expenses incurred in such proceeding, which 
sums so paid shall be repaid said county by the township or townships 
wherein said election was held, in equal proportions by an annual levy 
of a tax by said board upon all the assessed property of said township 
or townships collectible as other taxes are collected within not more 
than three years. 

(Acts 1897, p. 187, Sec. 6009.) 

168. Penalty for illegal allowances. Any violation of the act of 
1897, p. 187, being 6008 Burns R. S., Sec. 162, this book, by the audi- 
tor or any member of the Board, is punishable by a fine of not over $50, 
and the auditor is liable on his official bond for double the amount of 
the warrant so drawn, with costs of plaintiff taxpayer. 

(Acts 1905, p. 584, Sec. 2586.) 

169. Penalty for filing; false c!aini. Whoever knowingly presents a 
false claim to the Board, for the purpose of procuring an allowance for 
such; or whoever knowingly receives payment for any such fraudulent 
claim, on conviction &hall be imprisoned in the state prison not less 
than two years and fined $10 to $1,000. 

COAL MINING. 

(Acts 1911, p. 658, Sec. 8624a.) 
170 Miners' Examining Board, qualifications. In counties of the 
State where coal mining is carried on, the Board shall appoint a 
Miners' Examining Board, to consist of two coal miners with, at least, 
five years' practical experience in mining coal, and at the time engaged 
as such in the county, and one member who is a coal operator or miner, 
likewise, a resident of the county. 

Terms of such appointees hold until the succeeding first day of 
January, or until successors are appointed and qualified. Any and all 
vacancies to be filled by the Board. For compensation of the members 
see "Fees and Salaries, 1913." 

COLISEUMS. 

(Acts 1913, p. 951, Sec. 5917b.) 
171. Procedure to erect — Second class cities. Under the provisions 
of act 1913, at page 9 51, counties in which are located cities of the 
second class are authorized to erect memorial buildings, auditoriums 
and coliseums in co-operation with private associations and corpora- 
tions. 



47 Board of County Commissioners. §172 

The line of procedure embraces a petition in writing to the Board, 
setting forth the general plan of the proposed building, showing its 
probable dimensions, capacity and estimated cost, and the purpose of 
the petitioner to join with the county in its erection. 

The Board finding that the public welfare will be promoted, shall 
by a declaratory resolution agree to join the petitioner in the erection 
and maintenance of such building, upon the condition that the peti- 
tioner will pay, at least, one-third of the entire cost thereof. 

Such agreement, however, shall not be effective until ratified by 
the qualified voters of the county at a special election, the date of 
which is fixed by the Board. 

The Board then makes its order to the auditor to give notice for 
20 days by publication two weeks in a daily newspaper printed in the 
county, of such election and the purpose of same. 

The act gives the manner in which the election shall be held, and 
directs the Board to appoint two election officers per each precinct in 
the county one of whom shall be a freeholder, who shall be designated 
judge, and the other member shall be designated election clerk. Such 
officers are required to take an oath to fairly, honestly and impartially 
conduct such election and make true returns. The Board shall pre- 
pare and distribute the ballots to the various judges. On the day 
following the election the returns being made the Board shall canvass 
the vote cast, and if in favor of the erection of the building proposed, 
such agreement with the petitioner shall become binding, whenever 
the petitioner shows to the satisfaction of the Board that it has the 
financial ability to furnish its share of the money required. 

The Board having confirmed its resolution, there shall at once be 
formed a board consisting of seven persons to be known as "Coliseum 
Directors" which shall have full authority over such institution in the 
building and maintenance of same. 

The three members of the Board and the county auditor shall be 
coliseum directors, ex-officio, and the other three to be chosen by the 
petitioning association, joining the county in the"^ erection of such 
building. These are to be certified to the auditor and serve one, two 
and three years respectively. 

Other matters relating to construction and management of the joint 
ownership appear in the sections of the act, which should have the 
reference of the Board. This act only obtains to the counties of Allen, 
St. Joseph, Vanderburgh and Vigo. 

CONSTITUTION. 

(Section 15 6.) 

172. Powers of Boards. The constitution of the state provides that 
the General Assembly may confer upon Boards doing county business, 
powers of a local administrative character. 

(Section 160.) 

173. Members shall reside in county. The courts have held that a 
County Commissioner must reside within his county during his term of 
office. 



§174 



Board of County Commissioners. 



48 



COUNTY CORONER. 

(Acts 2 R. S. 1852, p. 13, Sec. 9435, 9119.) 

174. Bond of Coroner^ — Acceptance by Board. The county coroner 
shall give bond in the penal sum of $5,000, to be approved by the 
Board. 

(Acts 2 R. S. 1852, p. 13, Sec. 9439.) 

175. Allowance to coroner for post mortem. At a coroner's re- 
quest, when a surgeon or physician is required to attend and to make 
a post-mortem examination, the coroner shall certify such service to 
the Board, who shall order the same paid out of the county treasury. 

Under an act of 1879, coroner's juries were abolished. 



COSTS, LIABILITY FOR. 

(Acts 1881 S. p. 240, Sec. 617.) 
176. Counties liable for, when. In all civil actions, the party re- 
covering judgment shall recover costs, except in those cases in which 
a different provision is made by law. 

Note: The courts have decided that counties and town- 
ships may become liable for costs. 



177. 



COUNTIES — AREAS. 



Areas: Square miles. Prom United States Census 1910. INDIANA- 
36,045 square miles. 



Adams 337 

Allen 661 

Bartholomew 407 

Benton 408 

Blackford 168 

Boone 427 

Brown 324 

Carroll 377 

Cass 416 

Clark 1 375 

giay 361 

Clinton 408 

Crawford 303 

Daviess 433 

Dearborn 313 

Decatur 378 

Dekalb 370 

Delaware 392 

Dubois 427 

Elkhart 462 

Fayette . 216 

Floyd 148 

Fountain 395 

Franklin 3 94 

Fulton 367 

Gibson 486 

Grant , 423 

Greene .' 543 

Hamilton 399 

Hancock 3 07 

Harrison 48 6 

Hendricks 4 08 

Henry 397 

Howard 297 

Huntington 386 



Jackson 518 

Jasper 562 

Jay 375 

Jefferson 364 

Jennings • • • • 383 

Johnson 322 

Knox 510 

Kosciusko 541 

Lagrange 387 

Lake 492 

Laporte 595 

Lawrence 456 

[Madison 450 

Marion , 397 

Marshall 441 

Martin 339 

Miami 381 

Monroe 416 

Montgomery 501 

Morgan 40 6 

Newton 405 

Noble 417 

Ohio 85 

Orange 407 

Owen 3 93 

Parke 447 

Perry 384 

Pike 338 

Porter 415 

Posey 402 

Pulaski 432 

Putnam 483 

Randolph 447 

Ripley 448 

Rush 409 



49 



Board of County Commissioners. 



§178 



Scott 190 

Shelby 407 

Spencer 403 

Starke 3 05 

Steuben 3 05 

St. Joseph 460 

Sullivan 460 

Switzerland 222 

Tippecanoe 5 03 

Tipton 260 

Union 162 



Vanderburgh 233 

Vermillion 254 

Vigo 409 

Wabash 425 

Warren 3 68 

Warrick 3 92 

Washington 519 

Wayne 411 

Wells 365 

White 507 

Whitley 338 



178. 



COUNTIES — POPULATION. 

From United State Census, 1910. 
INDIANA — 2,7 00,876. 



Adams 21,840 

Allen 93,386 

Bartholomew 24,813 

Benton 12,688 

Blackford 15,820 

Boone 24,673 

Brown 7,975 

Carroll 17,970 

Cass 3 6,3 68 

Clark 30,260 

Clay . . 32,535 



Clinton . 
Crawford 
Daviess . 
Dearborn 
Decatur . 
Dekalb . 
Delaware 
Dubois . . 
Elkhart . 



26,674 

12,057 

27,747 

21,396 

18,793 

25,054 

51,414 

19,843 

49,008 

Fayette 14,415 

Floyd 30,293 

Fountain 2 0,43 9 

Franklin 15,535 

Fulton . 16,879 

Gibson 30,137 

Grant 51,426 

Greene 36,873 

Hamilton 27,026 

Hancock 19,030 

Harrison 2 0,2 3 2 

Hendricks 20,840 

Henry 29,758 

Howard 33,177 

Huntington 28,982 

Jackson 24,727 

Jasper 13,044 



Jay 

Jefferson . 
Jennings 
Johnson . , 
Knox . . . . 
Kosciusko 
Lagrange 
Lake . . . . 



24,961 

20,483 

14,203 

20,394 

39,183 

27,936 

15,148 

82,864 

Laporte 45,797 

4—4842 



Lawrence 30,625 

Madison 65,224 

Marion 263,661 

Marshall 24,175 

Martin 12,950 

Miami 29,350 

Monroe 23,426 

Montgomery 29,296 

IMorgan 21,182 

Newton 10,504 

Noble 24,009 

Ohio 4,329 

Orange 17,192 

Owen 14,053 

Parke 22,214 

Perry 18,078 

Pike 19,684 

Porter 20,540 

Pcsey 21,670 

Pulaski 13,312 

Putnam 20,520 

Randolph 29,013 

Ripley 19,452 

Rush 19,349 

Scott 8,323 

Shelby 26,8 02 

Spencer 20,676 

Starke 10,567 

Steuben 14,274 

St. Joseph 84,312 

Sullivan 32,439 

Switzerland 9,914 

Tippecanoe 40,063 

Tipton 17,459 

Union 6,260 

Vanderburgh 77,438 

Vermillion 18,865 

Vigo 87,930 

Wabash 26,926 

Warren 10,899 

Warrick 21,911 

Washington 17,445 

Wayne .- 43,757 

Wells 22,418 

White 17,602 

Whitley 16,892 



§179 Board of County Commissioners. 50 

COUNTY ASYLUMS. 

(Acts 1913, p. 961, Sec. 9781.) 

179. New 1913 law — Superintendent — Qualifications. It shall be 
the duty of the Board of County Commissioners in each county in In- 
diana, on the first Monday of January, 1914, to appoint a superintend- 
ent of the county asylum, who will serve for four (4) years from the 
first day of March next ensuing unless sooner removed for cause as pre- 
scribed in a subsequent section of this act; subsequent appointments on 
expiration of terms or on vacancies caused by resignation, shall be for 
four (4) year terms, ending on the last day of February of any year, 
and the terms of the present incumbents shall expire on March 1, 1914. 
Each superintendent appointed according to the terms of this act shall 
receive such annual salary, in adition to quarters and board for himself 
and family in the county asylums, as shall be fixed by the said Board 
of County Commissioners: Provided, That in any county where there 
may have been a superintendent of a county asylum appointed on a 
contract extending beyond the date aforesaid, namely, March 1, next 
following the January, 1914, session of the Board after this act be- 
comes of effect, then the appointment under the provisions of this act 
shall commence at the expiration of aforesaid contract, and shall be 
for a term of so much less than four years as the period that the said 
contract runs after aforesaid March 1. In appointing a superintendent 
of the poor asylum, the commissioners shall select a reputable citizen 
of good moral character, kind and humane disposition, good executive 
ability, who has had a good common school education and is a skilled 
and experienced farmer. No considerations other than character, com- 
petence and fitness shall be allowed to actuate the commissioners in 
selecting, continuing or discharging any superintendent or other officer. 
No relative of any member of the Board of County Commissioners shall 
be appointed superintendent or employed in any capacity and no rela- 
tive of the superintendent, except his wife as matron, shall be employed 
in any capacity with such asylum except by the consent of the Board of 
County Commissioners. 

(Acts 1913, p. 961, Sec. 9782.) 

179a. Rules and regulations, employes. The Board of County Com 
missioners of each county shall prescribe such rules and regulations as 
may, in their judgment, be necessary for the management of the asylum 
for the poor. With the advice and assistance of the superintendent 
of the county poor asylum they shall regulate the number and fix the 
compensation of such matrons, assistants, nurses, attendants, farmers, 
seamstresses, laborers, or other employes as may be needed for the care 
and control of the asylum. They may remove the superintendent from 
office, at any time, but only for cause, which cause shall be entered in 
the record book of the commissioners' court and such superintendent 
shall have the right to prosecute his appeal to the circuit court of such 
county within ten days in the same manner as other appeals are taken 
from the action of said Board. In all cases the terms of the superin- 
tendents of county asylums who shall be appointed pursuant to this act. 



51 Board of County Commissioners. §179c 

shall end on the last day of February. The Board of County Commis- 
sioners, shall, as a Board, visit and inspect the poor asylum at least 
once in every three months and enter a report of such inspection, stat- 
ing needs and conditions of the institution, on the records of commis- 
sioners' court, which shall be signed by each member of the Board, 

(Acts 1899, p. 103, Sec. 9783.) 
179c. Employes — Apijointing — Removal. The superintendent shall 
appoint such matrons, assistants, nurses, farmers, laborers or other 
employes as shall be needed for the work of the asylum. The super- 
intendent may remove and dismiss any officer or employe whom he 
shall have appointed at any time, which removal he shall report in writ- 
ing to the Board of County Commissioners at their next regular meet- 
ing. It shall be his duty to promptly remove any officer or employe 
who shall be guilty of drunkenness, profane or abusive language in the 
presence of the inmates, cruelty to the inmates, lewdness or any 
other offense against the laws of Indiana or against public decency. No 
political, family or other improper influence shall be allowed to actuate 
the superintendent in appointing or dismissing any subordinate officer 
or employe, but considerations of character, merit and competence shall 
be the sole and only reasons for any such appointment or dismissal. 

(Acts 1899, p. 103, Sec. 9784.) 
179d, Duties of superintendent. It shall be the duty of the super- 
intendent of the county poor asylum to manage the asylum and its 
farm to the best interests of the county. He shall maintain order and 
discipline, he shall assign a reasonable amount of labor to every inmate 
who is able to perform the same, and no inmate shall be excused from 
labor except for cause by the superintendent, or by the county physi- 
cian, but such excuse by the physician shall be for a definite time ex- 
cept in the case of aged paupers over seventy years of age or of 
cripples or persons suffering from incurable disease or from any other 
physical or mental disability which unfits them for labor, to whom a 
permanent excuse may be given by the physician. All inmates refus- 
ing to perform the task assigned them by the superintendent, may be 
dismissed from the asylum by him and can only be readmitted within 
the period of six weeks after such dismissal, with the consent of the 
superintendent or upon an order from an overseer, of the poor which 
shall have been endorsed by the chairman of the Board of County 
Commissioners. The superintendent shall carefully observe the rules 
and regulations prescribed by the County Commissioners and shall fur- 
ther be guided by suggestions which may be made to him by the Board 
of State Charities and by the Board of County Charities and Correc- 
tion in counties where the same shall exist. He shall make such reports 
from time to time to the county commissioners as they may order and 
shall make such reports to the Board of State Charities as shall be 
required by them. 

(Acts 1913, p. 961, Sec. 9785.) 
179e. Superintendent files estimates. On or before the Thursday 
preceding the first Monday in March, June, September and December 



§179e Board of County Commissioners. 52 

of each year, the superintendent of the county asylum shall file with 
the county auditor an estimate of the supplies of meats, groceries, dry 
goods, fuel, house furnishings and other material for the subsistence 
of the inmates and the maintenance of the asylum needed to be pur- 
chased for the county poor asylum during the subsequent three (3) 
months. The auditor shall thereupon divide the estimate for supplies 
under appropriate headings and shall submit the same to the inspec- 
tion of the Board of County Commissioners during their regular ses- 
sion not later than the first Thursday after the first Monday in March, 
June, September and December of each year. The commissioners shall 
at once inspect the estimates and make such amendments thereto as 
they may deem necessary. Said estimates shall be open during the 
session of the commissioners' court and thereafter for the inspection 
of any citizen. The auditor, not later than the first Monday in March, 
June, September and December of each year, shall give notice by ad- 
vertisement in at least one paper published at the county seat that the 
estimates will be on file in his office and shall request bids for contracts 
for furnishing the needed supplies for the period of three months. The 
day for receiving such bids shall be fixed in said advertisement, but 
not earlier than ten days after the first of said publication. Bids re- 
ceived for supplies of materials needed for the asylum shall be opened 
by the commissioners in open court and contracts shall be awarded to 
the lowest responsible bidders. The bids received shall be endorsed 
by the auditor as accepted or rejected, and shall be preserved on file in 
the auditor's office and be subject to the inspection of any citizen. The 
auditor shall notify each successful bidder of the acceptance of his bid, 
and thereupon a contract for the same shall be duly executed: Pro- 
vided, That the Board of Commissioners may reject any and all bids 
and may again advertise for bids in the manner above described. The 
commissioners in their discretion, may demand a bond from the suc- 
cessful bidders conditioned upon the fulfillment of their contracts, with 
such sureties as the commissioners may deem advisable. On fulfill- 
ment of the aforesaid contracts, bills for the supplies purchased shall 
be presented to the auditor by those to whom payment is due, which 
bills shall be examined by the superintendent of the poor asj^um and 
the auditor, when if found correct they shall be attested by the signa- 
ture of the superintendent of the county poor asylum, certifying that 
the supplies therein specified have been received by him and have been 
of the quality contracted for, and by the signature of the auditor cer- 
tifying that the prices and quantities agree with the contracts on file in 
his office for the same. The bills so certified shall be presented by the 
auditor to the commissioners, who shall examine the same, and if they 
approve them they shall make allowances for the amounts and order 
the issue of warrants in the manner prescribed by law for the allow- 
ance and payment of claims against the county by County Commis- 
sioners. The superintendent by order of the commissioners and under 
their direction may from time to time purchase such live stock, im- 
plements and other supplies to be used in farming as shall be needed 
upon the county farm. Claims for payment of the same shall be made 
in open court upon sworn statements of the claimants, certified as cor- 



53 Board of County Commissioners. §180 

rect by the superintendent of the county poor asylum, and when found 
correct they shall be approved by the commissioners and warrants shall 
be drawn in the manner prescribed by law. The purchases authorized 
by this section shall be made in the manner that other supplies are 
required to be purchased for the county, and claims therefor shall be 
allowed in the same manner that other claims against the county are 
allowed: Provided, That the county council shall appropriate and the 
Board of County Commissioners shall allow for the necessary help and 
equipment of such poor asylum and for the necessary tools, imple- 
ments, vehicles, utensils, live stock and everything necessary to equip- 
ment and maintenance of the farm. 



COUNTY COUXCrL. 

(Acts 1899, p. 343, Sec. 5939.) 

180. Exi>enclitiires and warrants. Funds due the State or any 
township, town or city of the county from the county treasury may be 
"paid in the manner and upon the authority prescribed by law other 
than this act, but except as to such funds no money shall be paid from 
the county treasury, otherwise than upon a warrant drawn by the 
county auditor. Except as to salaries of county councilmen this act 
shall not be construed as authorizing the auditor to draw any warrant 
that is not authorized by existing or other laws than this act. Appro- 
priation by the county council shall not be necessary to authorize a 
warrant drawn and payment made out of the county treasury in the 
following instances, namely: Of any money belonging to the state; of 
any money belonging to any school fund, whether principal or interest; 
of any money belonging to any fund of any township, town, or city of 
the county; or of any money due to any person, company or corporation 
which has been paid into the county treasury pursuant to assessment 
on persons or property of the county in territory less than that of the 
whole county for any public improvement or purchase thereof, such 
as ditches and drains and repairs thereof, straightening water courses, 
making levees and repairs thereof, or establishing and constructing 
highways, turnpikes, gravel or macadamized roads; of any money due 
to any person, company or corporation, which has been paid into the 
treasury to redeem from any tax or other sale; or of any money so due 
that has been paid in pursuant to authority of law as a tender or pay- 
ment to the person, company or corporation; or taxes erroneously paid. 
In all the above enumerated instances payment may be made out of 
the county treasury upon the authority and in the manner prescribed 
by law without appropriations by the county council. In all other in- 
stances no warrant shall be drawn upon, or money paid out of the 
county treasury, unless an appropriation by the county council there- 
for has been made, for the calendar year in which the payment is made, 
and which appropriation remains unexhausted. 

(Acts 1911, p. 194, Sec. 9459.) 

181. County Auditor — Warrants — Exemption from liability. When 
heretofore or hereafter, in good faith, any auditor of any county in 



§182 Board of County Commissioners. 54 

the State of Indiana, pursuant to the order or authority of the Board 
of Commissioners of any such county, or pursuant to the judgment or 
order of any court of common law jurisdiction in any such county, in 
any case wherein said county was a party and was duly served with 
process, shall have issued his warrant upon the treasurer of said 
county, then and in such event, no civil suit shall be maintained 
against said county auditor or his bondsmen for the issuance of said 
warrant although such warrant shall have been drawn pursuant to 
some order of the Board of Commissioners or judgment of the court 
which is either void or voidable, but the validation of such act of the 
auditor shall not prevent the recovery of any sums of money from any 
person receiving the same that might have been recovered if this act 
had not been passed. 

COUNTY COUNCIL — ADVERTISEMENTS. 

(Acts 1899, p. 343, Sec. 5964.) 

:J82. Legal rates for advertisements. The act fixes the advertising 
rates to be paid for each newspaper advertisement, by the Board, at 
$1 per square of 2 50 ems for the first insertion, and for each additional 
insertion at 50 cents. The advertisement is to be set in solid reading 
type same as the paper is set, without leads or other increasing matter, 
with two display lines to each advertisement, not greater than four 
lines of the ordinary newspaper type. 

The council is required to make the necessary appropriation for 
this expense. 

Note: To the same effect, see Sec. 4 this book. 

COUNTY COUNCIL — APPROPRIATIONS. 

(Acts 1899, p. 343, Sec. 5940.) 

183. Duty as to specific appropriations. Separate accounts for each 
specific appropriation made by the council shall be kept by the auditor, 
and all warrants shall state specifically on which appropriation it is 
issued. 

Overdraft on account, of any fund, is unlawful, or any appropria- 
tion to be diverted to another account. Any willful violation of this 
act by a county auditor shall be deemed a misdemeanor and on con- 
viction subject to a line not exceeding $1,000, and a jail imprisonment 
not exceeding six months. 

(Acts 1911, p. 194, Sec. 5940.) 

184. Exception as to judgment against county. Under the provi- 
sions of an act, 1911, at page 194, where the auditor, acting in good 
faith, pursuant to an order of the Board, or a judgment of any court 
of common law jurisdiction, the county having been duly served by 
process, shall have issued his warrant therefor then and in such event 
he and his bondsmen are relieved from civil suit. 

Note: See Sec. 181 this book. 



55 BoAKD OF County Commissioners. §185 

(Acts 1913, p. 296, Sec. 5938.) 

185. Emergency Appropriation — Special fleeting. If at any time 
after the adjournment of the regular annual meeting in September, an 
emergency should arise for further appropriation, for any purpose for 
which the council is authorized to appropriate by this act, such further 
appropriations may be made at a special meeting of the council, on 
estimates prepared and presented as hereinabove provided by an ordi- 
nance passed by at least a two-thirds vote of all the members of the 
council and not otherwise. Each ordinance shall be read upon at least 
two separate days before its final adoption, except in cases where the 
aggregate amount of appropriation requested and presented at any 
such special meeting shall not exceed fifteen thousand dollars it shall 
not be necessary to read such ordinance on two separate days, but may 
be passed on in one day. 

COUNTY COUNCIL — ANNUAL STATEMENT. 

(Acts 1899, p. 343, Sec. 5963.) 

186. Board's annual financial January statement. The Board at its 
first session in every year shall make a fair and accurate statement of 
the receipts and disbursements of the preceding calendar year, and 
cause the same to be posted at the court house door, and published in 
two leading newspapers, if any, representing the two political parties 
casting the largest number of votes in the county at the preceding 
general election; and it shall be unlawful for the Board to publish in 
more than two newspapers. 

Note: Uner^r ILo provisions of the act of 1913, at page 7 61, 
in all cases where legal publications are required to be made 
in weekly newspapers, it is lawful to publish either in a daily 
or weekly newspaper. See Sec. 13 4 6a Burns R. S., Sec. 7, 
this book. 

Sec. 3 this book governs as to the selection of newspapers. 

COUNTY COUNCIL — BIDS. 

(Acts 1899, p. 343, Sec. 5959.) 

187. Non-collusion aflidavit to accompany bids. All bids, author- 
ized to be received by any county officer, shall be accompanied with an 
affidavit of the bidder: "That he has not entered into any combination, 
collusion or agreement with any person relative to the price to be bid 
by anycne at such letting, nor to prevent any person from bidding, nor 
to induce any one to refrain from bidding, and that his bid is made 
without reference to any other bid and without any agreement, under- 
standing or combination with any other person in reference to such 
bidding." 

In the event that any notice of collusion shall come to such officer, 
such bid shall be rejected. 

If such notice of collusion comes to such officer after the letting, 
and it shall appear that the successful bidder is guilty of collusion, 
denied in his accompanying affidavit, he shall forfeit his contract and 
the Board shall re-let. 



§188 Board of County Commissioners. 56 

COUNTY COUNCIL — BORROWING MONEY. 

(Acts 1899, p. 343, Sec. 5949.) 

188. BorroAving money — Limitations — Tax levy. The authority to 
borrow money lies exclusively with the council. The limit of the in- 
debtedness of a county shall not exceed an amount equalling two per 
cent, of its taxable property, as appears on the tax duplicate for the 
year such loan is made. A bond issue or other county obligations, 
negotiable or otherwise, may be authorized by the council by an ordi- 
nance, and the rate of interest shall not exceed six per cent, per annum. 
The bonds running not to exceed 20 years. 

Bonds shall not be authorized for the payment of current expenses 
but this may be met by a temporary loan, and only in anticipation of 
revenue by taxes. 

The council shall make the annual levy for county tax, within the 
legal rate, to pay all current expenses of the county, and to include 
such temporary loan with interest on the county's indebtedness, and 
such council shall also make sufficient levy to pay such county indebt- 
edness, if any there be, which before the enactment of this law de- 
volved upon the Board to provide. In the event of a deficiency of the 
sum expected from such levy, thereby affecting current running ex- 
penses, the council shall provide for such in its next annual levy. 

Such ordinance by the council authorizing an issue of bonds, shall 
state the purpose of same, either for paying an indebtedness already 
incurred, for county expenses, other than current, or for payment of 
bonds made for lawful purposes issued after passage of this act. 

(Acts 1899, p. 343, Sec. 5955.) 

189. Claims itemized — Delivery — Approval. No warrant shall be 
drawn by the auditor and no funds shall be paid out of the county treas- 
ury in payment of any claim unless the same has been fully itemized 
and its correctness verified by the claimant, or some one on his behalf, 
and filed with the auditor more than five days before the first day of 
the session of the Board of Commissioners at which the same is allowed. 
No warrant shall be drawn and no funds shall be paid out of the county 
treasury in payment of any claim for materials or supplies unless the 
same have been purchased pursuant to the provisions of this act, nor 
until the same has been approved by the commissioners. The commis- 
sioners shall not approve any claim for materials or supplies until they 
are satisfied that the same have been delivered to the county in com- 
pliance with the contract. In every case the person authorized to re- 
ceive such materials or supplies on behalf of the county shall check 
up item by item the invoice or bill for the same immediately upon 
receiving them, and shall certify in writing upon said invoice or 
bill that the materials or supplies therein listed hav6 been furnished 
and delivered to him in accordance with the contract; or in case there 
shall be any deficiency, either in quantity or quality, or any discrepancy 
between the materials or supplies delivered and the contract, or any 
failure to comply with the contract in any particular, such person shall 
certify the facts in writing upon said bill and shall deduct therefrom 



57 Board of County Commissioners. §190 

the just amount. Such bill or invoice, with such certificate, shall be 
immediately filed with the auditor, but the same shall not be allowed 
by the commissioners unless the auditor certifies in writing that the 
same corresponds as to quality and prices with the contract. Such cer- 
tificates shall not be conclusive, but it shall be the duty of the com- 
missioners, before approving any claims, to otherwise satisfy them- 
selves that the contract has been complied with. 

(Acts 1899, p. 343, Sec. 5956.) 

190. Claims under contract — Allowance — Payment. In all cases 
where a claim is filed upon a contract with said commissioners for 
work to be conducted under the supervision of the county surveyor, 
or of any architect, engineer, superintendent or inspector appointed by 
said commissioners, said Board shall not allow such claim until such 
surveyor, architect, engineer, superintendent or inspector shall certify 
in writing upon said claim that the work therein mentioned has been 
performed according to contract, and that the amount of said claim 
is due and owing by the terms of said contract. Such certificate must 
be filed with the claim, but the same shall not be conclusive, and it is 
declared to be the duty of said commissioners to inform themselves as 
to whether said money is due and owing under the contract, before 
allowing such claim. No warrants shall be drawn and no funds shall 
be paid out of the county treasury in payment of any claim on any 
contract with the commissioners for the execution of any public under- 
taking, except such contract has been let pursuant to the provisions 
of this act, nor unless said claim has been filed and allowed by the 
commissioners in the manner herein required. 

COUNTY COUNCrL — BONDS, SALE, EXECUTION. 

(Acts 1899, p. 343, Sec. 5957.) 

191. Bond sale — Execution of bonds. Whenever any bonds are 
authorized to be sold, the auditor shall prepare and place printed 
copies of the ordinance on file in his office, together with specifica- 
tions, describing the bonds proposed for sale. Also a list of various 
outstanding debts of the county, the amount of current assessment of 
property, and all financial conditions to assist bidders to determine 
the market value of such bonds. 

The act provides for the auditor to make a six weeks newspaper 
publication of such sale and all conditions and information concern- 
ing same, requesting sealed proposals, on a day not earlier than six 
weeks after such publication. If a satisfactory bid is received the 
auditor shall let such contract to the highest responsible bidder; pro- 
vided that such bonds shall not be sold for less than par value and 
accrued interest to date of sale. When a loan otherwise than the issue 
of bonds is authorized by the council, the process of filing and publi- 
cation is the same, except in the case of a loan which does not exceed 
$5,0 0, bids may then be received within three weeks after publica- 
tion. 

Whenever any bonds are to be issued, it shall be the duty of the 



§192 Board of County Commissioners. 58 

auditor, by and with the advice of the county attorney, to cause such 
bonds to be prepared, engraved and printed and delivered and charged 
to the treasurer. 

All such obligations shall be executed by the Board and attested 
by the auditor, and all monies received therefor shall be paid to the 
treasurer who shall deliver the bonds, or notes, to the person entitled 
thereto. Each of such bonds or notes shall contain a reference to the 
ordinance authorizing the same and the date of passage. 

(Acts 1899, p. 343, Sec. 5958.) 
18*2. Foriiis for bond bidders — Certified check. Whenever, under 
authority of this act, any county officer shall receive bids for any pur- 
pose, the auditor shall prepare and furnish forms for possible bidders. 

No erasure or alteration of such form prepared by the auditor, with 
the approval of the Board, shall be permitted, and no bid can be re- 
ceived that does not comply with this provision. 

In case of bonds the bid shall state the full amount of cash which 
shall be paid by the bidder for the total issue of bonds, and shall be 
accompanied with a certified check, made payable to the Board for 
three per cent, of the par value of the offered bonds, to be drawn 
against moneys deposited in any reliable bank in such county, if any, 
else in some such bank in the State. 

Such check shall be returned to the bidder, if his bid is not ac- 
cepted, but if the bid is accepted and he does not perform his bid, such 
certified check will be forfeited. 

Similar requirements as to deposit of certified checks, at the discre- 
tion of the Board may be required, in any other case where bids are to 
be received, pursuant to this act. 

No bids for any contract or public undertaking shall be received 
unless accompanied by good and sufficient bond, payable to the Board, 
signed by at least two resident freehold sureties, or by a surety com- 
pany, resident or non-resident, to the approval of the Board. 

Such bond shall guarantee the faithful performance and execution 
of the work according to plans, specifications, time, terms, conditions 
of contract, in case award is made to him, and as contractor to pay 
all debts, labor, material and the board of laborers. 

Similar requirements for bond and surety, may be required by the 
Board, to be made in any other case where bids are to be received, if 
deemed for the public interest. 

All bids shall be opened during business hours for the first time, 
in the room of the Board. 

The auditor shall indorse either "accepted" or "rejected" on all 
bids received, and shall preserve them on file in his office, to be sub- 
ject to the inspection of any citizen. 

A suitable contract shall be prepared upon the acceptance of a bid, 
by the auditor, with the advice of the county attorney for the approval 
of the Board, to be executed by both parties. 

Note: The above provisions, as to receiving and opening 
bids, must be construed with the act of 1913, p. 65 0, Sec. 
5896a Burns R. S., Sec. 430a, this book. 



59 Board of County Commissioners. §193 

(Acts 1899, p. 343, Sec. 5942.) 

193. County can not be bound beyond appropriation. No Board of 
County Commissioners, officer, agent or employe of any county shall 
have power to bind the county by any contract or agreement, or in any 
other way, to any extent beyond the amount of money at the time 
already appropriated by ordinance for the purpose of the obligatiou 
attempted to be incurred, and all contracts and agreements, express or 
implied, and all obligations of any and every sort, beyond such existing 
appropriation, are declared to be obsolutely void. 

COUNTY COUNCIL — COUNCILMEN. 

(Acts 1899, p. 343, Sec. 5918.) 

194. County council — division of counties into councilmanic dis- 
tricts — how styled. Under provisions of an act approved March 3, 
1899, there was created in the several counties of the state a bodj' to 
be known as "The County Council." 

It became the duty of the Board to divide the county into four 
councilmanic districts, as nearly equal in population as possible. 

No township to be divided in making such districts. 

Three councilmen at large were to be elected in addition to one 
from each district, and the Board can not change boundaries of such 
districts oftener than once in six years. 

(Acts 1899, p. 343, Sec. 5944.) 

195. Courts can not bind county beyond appropriations. No couit, 
or division thereof, of any county, shall have power to bind such county 
by any contract, agreement, or in any other way, except by judgment 
rendered in a cause where such court has jurisdiction of the parties 
and subject of the action, to any extent beyond the amount of money at 
the time already appropriated by ordinance for the purpose of such 
court, and for the purpose for which such obligation is attempted to be 
incurred, and all contracts and agreements, express or implied, and 
ail obligations of any and every sort attempted beyond such existing 
appropriations shall be absolutely void. 

COUNTY COUNCIL — ESTIMATES BY THE BOARD. 

(Acts 1899, p. 343, Sec. 5933.) 

196. Oath required to officer's estimates. Before the Thursday fol- 
lowing the first Monday in August of each year, every Board shall pre- 
pare a separate itemized estimate of all money to be drawn by the 
members of said Board, and of all expenditures to be made by the 
Board, or pursuant to its order, during the ensuing year for any and 
all purposes whatsoever. 

To such estimate, there shall be appended a certificate verified by 
oath of the officer preparing the same to the effect that in his opinion 
the amount fixed in each item will be required for the purpose indicated 
thereby. 



§197 Board of County Commissioners. 60 

(Acts 1899, p. 343, Sec. 5936.) 
197. Items for Board's estimate to council. Every estimate required 
by said section sixteen (16) to be prepared by the Board of County 
Commissioners shall embrace, in items separate from each other, each 
of the following matters: 

First. As to each building or institution maintained or supported 
by the county, such as court house, county asylum, work house, jail, or 
other building or institution of whatever character, maintained or sup- 
ported in whole or in part by money paid out of the county treasury, 
the estimate shall show in items separate from each other and sepa- 
rately for each institution: (a) The amount required for construction 
of new buildings, if any. (b) The amount required for repairs, of 
premises, itemizing the same as far as possible, (c) The amount for 
supplies for the institution, itemizing the same, (d) The amount re- 
quired for employes and agents at each institution, itemizing the same, 
(e) All other expenses connected with each institution, itemizing as 
aforesaid. 

Second. The amount required for building of bridges, itemizing the 
same by giving location and amount of each bridge. 

Third. Amount required for repair of bridges, itemizing the same. 

Fourth. Expenses of commissioners' court, itemizing the same. 

Fifth. Salary of the county attorney. 

Sixth. Amount of salary or compensation of pauper attorney, if 
any. 

Seventh. Expenses of board of health, itemizing the same. 

Eighth. Amount of repair of free gravel roads exclusive of bridges, 
itemized by naming each road, the length thereof, and amount required 
therefor. 

Ninth. Amounts required for election expenses, showing estimated 
number of precincts, and by separate items the amounts required for 
each of the following things: Pay of inspectors, judges, clerks, sher- 
iffs, rent, meals, hauling and repair of booths and ballot-boxes, adver- 
tising, billposting, printing and stationery, expenses of election com- 
missioners, expense of construction or purchasing election furniture 
and supplies. 

Tenth. Amounts required for paying principal and interest of 
bonds and loans maturing during the ensuing calendar year, itemizing 
the amount required for each loan and issue of bonds. 

Eleventh. Amounts required to pay judgments, adjustments of 
suits, and costs. 

Twelfth. Amounts required for the support of inmates of state 
benevolent institutions, or other benevolent or penal institutions. 

Thirteenth. Amounts required for publication of delinquent tax 
lists. 

Fourteenth. Amounts required for the compensation of employes, 
which are payable out of the county treasury, if any. 

Fifteenth. Amounts required for the payment of expenses of 
county board of review. 



61 Board of County Commissioners. §198 

Sixteenth. All other items of expenditures to be made by the Board, 
or pursuant to its order, during the year for which the appropriation is 
to be made, itemized with particularity. 

Where, under the law, the expense of any office of a county officer, 
or any part thereof, is authorized to be paid out of the county treasury, 
but requires an order of the Board of County Commissioners to that 
effect, the estimate of the expenses of such office shall be embraced in 
the estimate required to be furnished by the county officer, but shall not 
be embraced in the estimate furnished by the Board of County Com- 
missioners. The power of fixing the rate of taxation in each township 
for the purpose of raising funds for the payment of the expense of 
making the tax assessment for such township shall be vested exclu- 
sively in the county council, and neither the Board of County Commis- 
sioners nor any other officer shall have power to fix the rate for any 
such purpose whatever. Before the Thursday following the first Mon- 
day in August in each year, each township assessor shall prepare an 
estimate, itemized v;ith as great particularity as possible, of the amount 
of money required for his office for the ensuing calendar year. Such 
estimate shall embrace, in items separate from each other, each of the 
matters required by section sixteen of this act in the case of estimates 
by county officers. 

COUNTY COUNCIL — JUDGMENTS. 

(Acts 1899, p. 343, Sec. 5945.) 

198. When council may be joined in mandamus proceedings. No 

judgment against a county can be enforced without an appropriation 
made therefor; the council as a body can be, by mandamus proceed- 
ings, compelled to make such appropriation, and all members of the 
council be bound by the judgment. In such matters the Board and 
county auditor are joined as parties defendant, in order to secure com- 
plete and adequate relief in the premises. 

Note: For exception to this rule see Sec. 164, this book. 
Sec. 6004b Burns R. S. 

(Acts 1899, p. 343, Sec. 5943.) 
199. Penalty for issuing warrant beyond the appropriation. Every 
county officer and member of the Board are prohibited from issuing or 
cause to be issued any bond, certificates or warrant as an obligation of 
the county beyond the unexpended balance of the appropriation for 
such purpose; any such official who may attempt to bind such county 
in any wise beyond the am.ount of money at the time appropriated and 
remaining unexpended, shall be liable on his official bond to any person 
thereby injured, and shall be fined not to exceed $1,000, and impris- 
oned in the county jail not more than six months. 

(Acts 1899, p. 343, Sec. 5946.) 

200. Payment of jnoney — Intent of act. Except as to payment of 
the salary of councilmen herein specifically provided for, this act shall 



§201 Board of County Commissioners. 62 

not be construed as authorizing the appropriation of any money to be 
paid out of the county treasury, or the drawing of any warrant there- 
for, or payment of any money out of such treasury, for any purpose 
whatever for which such payment out of the county treasury is not 
authorized by law other than this act. The intent of this act is to place 
limits and checks upon payments out of such treasury, and not to 
extend or increase them. 

Note: For modifications of this statute by subsequent legis- 
lation, see sections 163-166, this book. 

COUNTY COUNCIL — PUBLICATION OF NOTICES. 

(Acts 1899, p. 343, Sec. 5968.) 

201. Resti'iction as to publication— -Penalty for violation. It is un- 
lawful for Boards to publish any legal notice, report or statement re- 
quired to be published at the cost of the county, in more than one 
newspaper, unless otherwise expressly required by law, and in no case 
shall the Board pay for publication in more than two newspapers, in 
the same county. 

Any violation of this law is punishable by fine from $50 to $5 00. 
Note: &ee Sec. 3, this book. 

(Acts 1899, p. 343, Sec. 5954.) 

202. Plans and specification for public work. In all cases in which 
the Board of Commissioners are now or may hereafter be authorized by 
law to contract for the execution of any public undertaking, said Board 
shall cause to be prepared and placed on file in the office of the auditor 
complete and detailed specifications of the same, including full and 
complete drawings if the same consists of the construction or recon- 
struction or material alteration of any bridge, jail, courthouse, asylum, 
or any other public structure. Likewise such specifi.cations shall be 
supplemented by full and complete drawings or models in all other 
cases where the same are needful or desirable to completely and defi- 
nitely define the work so proposed to be undertaken. Upon the filing 
of said specifications and drawings in the office of said auditor, said 
Board shall cause a brief notice to be published one time in each of two 
leading new^spapers of general circulation, published in the county, if 
there be such, representing respectively the two political parties cast- 
ing the highest number of votes in such county at the last preceding 
general election, informing the public of the general nature of the pro- 
posed undertaking, and of the fact that drawings and specifications are 
on file at such office, and calling for sealed proposals for such work by 
a. day fixed in said publication, but not earlier than two weeks after 
said publications. In all cases where the amount involved exceeds two 
thousand ($2,000) dollars, such advertisement shall be published twice 
in each of such newspapers, and the time for receiving bids shall be not 
earlier than four weeks after the first of such publications. Further 
publications may also be made when deemed for the public interest. 



63 Board of County Commissioners. §203 

COUNTY COUNCIL — PURCHASE AND SALE OF REAL ESTATE. 

(Acts 1899, p. 343, Sec. 5951.) 

203. Sale of, only at public auction- — Purchase of. No sale or con- 
veyance of any real estate of the county of the value of $1,000 or 
more, and no purchase by the county of any real estate of such value 
shall take place except pursuant to an ordinance of the council author- 
izing such sale or purchase and fixing the terms of same. 

The acts of 19 07 at p. 5 80, Burns R. S. Sec. 5 900, restricts the sale 
of any county property by the Board except at public auction, and then 
after a sixty-day newspaper advertisement and by posting up notice at 
the court house door; should this sale include real estate fetching 
$1,000 or more, as above, it shall require an ordinance of the council 
to legalize such sale. There are a number of laws which authorize the 
Board, making it a duty, to purchase real estate, but such laws must 
be construed with the later law requiring a specific appropriation of 
the council. 

COUNTY COUNCIL — RECOVERY, ILLEGAL PAYMENTS. 

(Acts 1899, p. 343, Sec. 5962.) 

204. Proceclui-e to recover money illegally paid. Money which has 
been illegally paid out of the county treasury may be recovered by a 
suit in the name of the State of Indiana, on relation of the Board, 
against such officer who unlawfully disbursed or assisted therein, or 
against the person receiving such fund, or both. 

In case the Board fails to institute such suit, any citizen or taxpay- 
er, after thirty days' demand in writing upon such Board, and such 
Board refuses or fails, may institute suit in the name of the state, on 
his own relation, for the benefit of the county. In either of such suits, 
the judgment shall include recovery, interest, attorney fees, and the 
necessary expenses of the plaintiff. 

SESSIONS. 
(Acts 1899, p. 343, Sec. 5967.) 

205. Regular sessions of the Board of Commissioners. There shall 
be a regula;r session of the Board, beginning on the first Monday of 
each calendar month, and continuing only so long as the necessary 
business of such session absolutely requires. 

For salaries of the Board of Commissioners see "Fees and Salaries, 
1913." 

This act also provides for the annual compensation of the auditor, 
who is ex-officio secretary of the county council. 

COUNTY COUNCIL — SUPPLIES FOR COUNTY. 

(Acts 1899, p. 343, Sec. 5952.) 

206. Who may contract for county supplies. The Board, or some- 
one authorized by it, only, has the power to contract and procure sup- 
plies for the county; and only payment for such supplies thus procured 
shall be made by the Board. 



§207 Board of County Commissioners. 64 

(Acts 1899, p. 343, Sec. 5953.) 
207. Supplies — Contracts to iurnish — Specifications. The Board of 
Commissioners, having the exclusive power to purchase materials and 
supplies of any and every sort, which are to be paid for out of the 
county treasury, shall purchase such supplies or materials only upon 
the written requisition of the officer or employe for whom or for whose 
work such supplies or materials are deemed necessary. The form of 
such requisition shall be prepared by the auditor and approved by the 
Board of Commissioners, and printed blanks furnished to the various 
county officials and employes entitled to make such requisitions. The 
same shall be described with reasonable particularity, the kind and 
quality of all supplies or materials, the purpose for which they are 
needed and the place where they are to be used. It shall be the duty 
of all officers and employes of the county who need any supplies or 
materials to be paid for out of the county treasury, to present to the 
Board of Commisioners on or before the first day of September in each 
year their written requisition, as hereinbefore provided, for all materi- 
als and supplies required by them, and each of them, divided under 
appropriate headings, properly classifying the same as hereinafter pro- 
vided, for the ensuing calendar year. It shall be the duty of the Board 
of Commisioners having required and received such requisitions from 
each officer or employe of the county entitled to make the same, to pre- 
pare full and definite specifications on or before the first Tuesday after 
the first Monday of October of each year, of the kind and quality of 
supplies needed for the county for the ensuing calendar year. Draw- 
ings, models or blanks shall be prepared when needful to make definite 
any specifications. In preparing such specifications, the Board of Com- 
misioners may reduce the items of any requisition submitted to them as 
they may think proper, but said commissioners may not purchase, con- 
tract for nor procure any materials or supplies not called for in such 
requisitions on file with them except as hereinafter provided. After 
the preparation of such specifications of materials arid supplies to be re- 
quired for the ensuing year, the same shall be placed on file and kept in 
the auditor's office, where they shall be open to public inspection. The 
commissioners shall cause a brief notice to be published one time in 
each of two leading newspapers of general circulation published in the 
county, if there be such, representing the two political parties casting 
the highest number of votes in such county at the last preceding gen- 
eral election, in the month of December of each year, informing the 
public of the general nature of the supplies and materials required by 
the county and of the fact that specifications for the same are on file in 
the auditor's office, and calling for sealed proposals for such supplies 
by a day stated in said publication, and not earlier than ten days after 
such publication. No bids shall be received for any materials or sup- 
plies differing from the exact specifications prepared and filed as here- 
inbefore required. Said Board shall, after a satisfactory bid is received 
let a contract to the lowest and best responsible bidder for each line 
or class of supplies or materials required. One line or class shall con- 
sist of blank books, records and special ruled blanks, and similar ma- 



65 Board of County Commissioners. §207a 

terials; another class shall consist of blanks requiring two or more 
impressions of press work and similar materials; another of legal cap, 
stationery, tablets, pens, ink and pencils and similar materials; an- 
other of letter heads, envelopes, printed stationery and such blanks as 
can be printed and ruled at a single impression, and similar materials. 
The purpose of such classification being to secure the freest competition 
and the lowest prices from dealers: Provided, That they may reject 
any and all bids and readvertise for new bids. Bids shall be submitted 
separately, and contracts shall be let separately upon each line or class 
of materials or supplies. In every case, the contract so let shall fix not 
only the price but the exact amount or quantity to be furnished, except 
that in case of contracts for meats, groceries, dry goods, fuel and house 
furnishings required for the subsistence of inmates of county institu- 
tions, and blank books, blanks and stationery for the use of the county, 
the Board shall let contracts for such articles at stated prices, leaving 
the amount or quantity to be furnished to vary with the needs of the 
county. All such contracts for materials or supplies required for the 
ensuing calendar year shall be made for the entire year for the particu- 
lar line or class of articles or materials embraced in the contract. And 
the Board of Commissioners shall in case any additional supplies are 
needed for the transaction of the public business of the various county 
officers and not mentioned in the requisition as hereinbefore provided 
cause the same to be purchased of a contractor at the price of like sup- 
plies mentioned in the contract. And it is declared to be unlawful to 
make partial contracts for a portion of the year's supplies, except that 
county asylum, poor farm and workhouse supplies may be contracted 
for quarterly instead of annually. All contracts let in violation of the 
provisions of this act are hereby declared illegal and void. 



207a. WEED LAW. 

(Acts 1915, p. 622, Repealing Sees. 7807-08-09.) 

It is the duty of landowners, through or along whose lands free 
gravel or macadam highways run, to cut and destroy between June 
15th and September 1st of each year, all the briars, thistles, burrs, 
docks, willows, sumac, reeds, cattails, tall grass, shrubs and all other 
growths which in any manner obstructs the view of such highway, along 
through. or contiguous to such owner's lands. 

The landowner who cuts and destroys such growths in the county 
roads along his lands, shall do such work under the supervision of the 
county highway superintendent and shall be allowed and paid for such 
work out of the gravel road fund at the rate of $1.50 per day of eight 
hours, and a proportionate sum for each fraction of a day, for the time 
necessarily occupied thereat, and a special weed tax for the payment of 
the same shall be collected and paid in the same manner as hereinbe- 
fore provided for special weed taxes. 

Any person who violates this law is liable to a fine of not less than 
$5.00 nor more than $10.00 for each separate offense. 

5—1842 



§208 Board of County Commissioners. 66 

COUNTY COUNCIIi — TAXATION. 
(Acts 1899, p. 343, Sec. 5932.) 
208. Council's power to fix uniiorin taxation — Appropriations. The 

power of fixing the rate of taxation for county purposes, and for all 
purposes where the rate fixed by law is required to be uniform through- 
out the county, shall be vested exclusively in the county council; and 
neither the Board, nor any county officer or officers, shall have the 
power to fix the rate for any such purposes whatever. 

The power of making appropriations of money to be paid out of the 
county treasury shall be vested exclusively in such council, and except 
as in this act otherwise expressly provided, no money shall be drawn 
from such treasury, but in pursuance of appropriations so made. 

Note: For exceptions to this rule, see Sees. 163, 165, 166, 
259 and 370 this book. 

The rule does not apply to gravel road fund and similar 
funds. 

FREE GRAVEL ROADS. 

(Acts 1913, p. 877, Sec. 7754.) 
209a. New free gravel road repair law, 1913. The general assem- 
bly of 1913 repealed the act of 1905 and its amendments, where the 
Board constituted, ex-officio, the board of directors for free gravel 
roads, and enacted a law providing for a county highway superintend- 
ent. The act of 1913, at page 87 8, provides for the appointment of 
that officer by the Board at their January session in 1914, and bien- 
nially thereafter, who shall hold his oifice for two years and until his 
successor is appointed and qualified. 

In counties having less than 200 miles of free gravel roads the coun- 
ty surveyor is eligible to be appointed as such county highway superin- 
tendent. 

In counties having more than 200 miles of free gravel roads. Boards 
shall appoint such superintendent at the meeting as above mentioned, 
who shall be a resident voter of the county. 

After a hearing such superintendent may be removed, by the Board, 
for incompetency, malfeasance, or neglect of duties. The superintend- 
ent is required to execute and file an official bond, subject to the 
approval of the Board, in the penal sum of $5,000 for the faithful per- 
formance of his duties. Any vacancies occurring in such office shall be 
filled by the Board. His per diem shall be $5 per day in counties hav- 
ing 40 miles or more of such free gravel roads; in counties containing 
fewer than 4 00 miles, his compensation shall be $4 per day. Such com- 
pensation shall be paid for the time actually employed as such superin- 
tendent and from the free gravel road fund. 

Note: In counties having less than 200 miles of improved 
highways, the discretion is in the Board as to whether or not 
it will appoint the county surveyor or highway superintend- 
ent, or whether or not it will appoint some one else. State, 
ex rel. Bateman v. Hart (Ind. Sup. Ct.), 105 N. E. Rep. 149. 

The county highway superintendent shall have general supervision 
of the maintenance and repair of all highways, bridges and culverts 



67 Board of County Commissioners. §209a 

obtaining to the free gravel road repair fund. He is limited to the 
expenditure of $50 for the repair of a bridge or culvert, without the 
approval of the Board. When an expenditure for any bridge or cul- 
vert exceeds $100, the same shall be made as heretofore provided by 
law. 

Such superintendent is required annually, on or before the first day 
of September to make a complete itemized estimate of the cost of the 
maintenance of his office, and an estimate of the cost of repair of high- 
ways, bridges and culverts, to be repaired in the county under his 
supervision, during the next ensuing year, and shall file such estimate 
with the auditor for the use of the Board in reckoning their levy for a 
proper tax to pay the expense of such highway repairs. 

The act provides that the levy made by Boards of 1913, shall apply 
and constitute the fund to be used by such superintendent in the year 
1914. 

The superintendent shall file an itemized monthly report of all work 
done by him, with the Board, and on the first Monday in January, in 
each year, a report of the work of his oflice, and a full and complete 
itemized statement of all moneys expended under his supervision dur- 
ing the preceding year. 

He shall meet with the Board at its regular monthly session and 
advise the Board on matters pertaining to the maintenance of roads 
under his supervision. 

The Board has power to contract in the manner provided by law 
for the purchase of all road and bridge repair material, and all tools 
and machinery necessary for the proper repair of roads. 

It becomes the duty of such superintendent to divide the total mile- 
age and to appoint assistant superintendents whose number shall not 
exceed four to each 10 miles of road, or fraction thereof. The assist- 
ant superintendents shall be under the direction and supervision of the 
county highway superintendent, at all times, and be subject to removal 
by him, for cause. They each shall execute and file a bond in the penal 
sum of $1,000 to the approval of the Board for the faithful perform- 
ance of duty. 

Each assistant superintendent is required to file with the county 
superintendent on or before the 2 2d day of each month an itemized 
statement of all work done by him and under his supervision. This 
shall include names of parties who performed the work; dates when 
work was done; nature of work done; upon what road or roads; if 
new material was used, either stone or gravel; repair of bridges or 
culverts, and cost of such material, such report to be sworn to before 
some person qualified to administer oaths. 

This report when made and approved by the county highway super- 
intendent, and filed before the auditor, becomes a claim against the 
county, and when allowed by the Board shall be paid from the free 
gravel road repair fund to such assistant road superintendent as re- 
quired by law. 

The act gives power to the assistant superintendent, if necessary, to 
employ teams and men to assist in the repair work, and limits the rate 
of wages: teams and driver, 35 cents per hour; laborers, 25 cents per 



§209aa Board of County Commissioners. 68 

hour; services of assistant superintendent, 2 5 cents per hour for time 
actually employed; the use of his team, 15 cents per hour; the use of 
his second team, when inconvenient to obtain other teams, with driver, 
not to exceed 35 cents per hour. 

The act further provides that in counties containing a first or second 
class city, the Board, together with the county highway superintendent, 
shall determine the rate of wages to be paid for labor and teams. 

Section 7 of the act provides for the confiscation of the necessary 
material, and for drainage, upon the verified petition of the county 
highway superintendent or the assistant superintendents, to the Board. 

An annual tax levy, not to exceed one cent on each $100 for every 
ten miles of free gravel road completed within the county, shall be 
made by the Board, the same to constitute a gravel road fund. 

209aa. LEGALIZING ACT OF 1915. 

(Acts 1915, p. 606.) 
This act purports to legalize invalid overdrafts, indebtedness and 
bond issues made against the free gravel road repair fund, in certain 
counties, and provides for the issuance of bonds to pay such indebted- 
ness, and for a levy of taxes to pay such bonds. 

This act being of local importance, only, reference is made to the 
act, 

COUNTY SEATS. 
(Acts 1 R. S. 1852, p. 224, Sec. 6000.) 
209b. Collection of delinquent puichase money. In all cases where 
lands have been granted to the Board for the purpose of a county seat, 
and town lots have been sold therefrom, and the purchase money or any 
installment is due and unpaid, the only proceedings necessary to recov- 
er possession or to enforce their payment, shall be instituted in the cor- 
porate name of the Board. 

COUNTY SEATS — LOCATION. 

209c. Acts concerning relocation. The three acts concerning the re- 
location of county seats, viz.: 

Act 1885, page 221 (See Burns 5849 to 5858 inc.) 
Act 1889, page 297 (See Burns 5859 to 5868 inc.) 
Act 1895, page 217 (See Burns 5869 to 5892 inc.) 
are omitted from this book, as it is believed that they are not of 
general interest. 

COURT HOUSE, SALE OF. 

(Acts 1913, p. 545.) 
210. The MaHon County act to sell. By an act approved March 12, 
1913, the Board of Commissioners of counties having a population of 
150,000 (Marion county) according to the last preceding U. S. census, 
was given power, and vested with full authority to sell and convey in 
fee simple by good and sufficient deed any court house site or squares 



69 Board of County Commissioners. §211a 

or parts of them heretofore dedicated by the state for court house pur- 
poses. The act provides for an election, petition and valuation, and 
will be found in the acts of 1913 at pages 545 to 550, inclusive. 

DAMS ACROSS STREAMS. 

(Acts 1861, p. 105, Sec. 5576.) 
211a. Slack-water navigation. Any number of persons, not less 
than ten, may incorporate for the purpose of building dams across 
streams so as to afford slack-water navigation. 

(Section 5587.) 
211b. Procui-ing Board's consent. The company when fully comply- 
ing with the provisions of the act must first procure an order of the 
Board to allow it to proceed with any dam construction; and shall pay 
all (damages to mill owners, if any along such stream, and to landown- 
ers and inhabitants along such stream, if there have been any damages 
assessed. 

DAMS OR drains! 

(Acts 1905, p. 584, Sec. 2318.) 
212. Penalty for injoi^y to highway protection. Whoever injures 
any dam, drain, embankment, ditch or other construction made in pur- 
suance of law, or made for the protection of any highway, railroad or 
bridge, or wilfully destroys or throws down any milepost, guide post, or 
alters or effaces any inscription or device thereon, is subject, on con- 
viction, to a fine not exceeding $50, and an imprisonment not exceeding 
10 days may be added. 

DEATH PENALTY. 

(Acts 1913, p. 844, Sec. 2196.) 
213a. Punishment by death. By the act of 1913, page 844, the pun- 
ishment by death by hanging, as prescribed by law, by the warden of 
the Indiana state prison was amended so that the execution shall be 
infiicted by electrocution. 

(Acts 1905, p. 584, Sec. 2205.) 
213b. Warden's fee for electrocution. The warden conducting the 
execution shall be allowed the sum of $50 out of the county treasury 
in which judgment of execution was rendered, upon the return of the 
death warrant, to the clerk of the circuit court, with execution of sen- 
tence indorsed thereon. 

DEPOSITIONS. 

(Acts 1881 S. p. 240, Sec. 439.) 
214. Pi=ivileges to county officer. The attendance as a witness, in a 
trial outside of his county, cannot be enforced on a county officer. His 
deposition may be taken. 

Note: This section does not apply to criminal cases. 



§215 Board of County Commissioners. 70 

DETECTIVE. 

(Acts 1907, p. 230, Sec. 4164.) 

215. Horse-thief detective association. Any number of persons, citi- 
zens of the state, ten or more, may organize themselves for the pur- 
pose of detecting and apprehending liorse thieves and other felons, and 
incorporate as a voluntary association. They may elect officers, adopt 
a constitution and by-laws and add to their numbers. 

Upon the application, with names of members designated, the 
Board may grant the powers of constables to such. The records of "the 
Board will give the auditor authority to issue a certificate of such ap- 
pointment. (Burns R. S. Sec. 4171.) 

DISCOUNTING COUNTY OBLIGATION. 

(Acts 1905, p. 584, Sec. 2421.) 

216. Penalty for discounting county's paper. Any county officer 
purchasing, or receiving in payment, any demand against the county 
for less than the face value of such demand shall be fined from $10 to 
$500. 

DIVISION OF QUESTION. 
(Acts 1 R. S. 1852, p. 224, Sec. 5981.) 

217. Two members only present^ — Division. When only two of the 
members shall attend the meeting of the Board, and a division shall 
take place on any question, it shall be continued until the next meeting 
before it shall be finally determined. 

The courts have in many cases decided that after final action in a 
matter, county Boards can not set aside or rescind the proceedings. 

DRAINAGE — CIRCUIT COURT. 

(Acts 1907, p. 508, Sec. 6140.) 
218a. Board appoints drainage eonmiissioner — Surveyor — Bond. At 

the first regular session of January of the Board biennially, the Board 
shall appoint a drainage commissioner, who shall be a person of intel- 
ligence, good judgment and a citizen of the county. He shall hold his 
office for a term of two years and until his successor shall be appointed 
and qualified unless sooner removed by the Board. The Board may 
remove at any time and fill vacancy at any meeting. 

His official bond is $5,000, to be approved by the auditor. 

The county surveyor is, ex-officio, a drainage commissioner and is 
associated in drainage work with such appointee. 

Under an amendment. Acts 1913, p. 7 0, the surveyor is required to 
give bond for not less than $5,0 00, covering all official duties. 

(Acts 1909, p. 431, Sec. 6145.) 
218b. Issuance of county bonds — AVlien extending into adjoining 
county. Whenever the total cost of the construction of a ditch is 
$5,000, or more, and the issuance of bonds for payment of construc- 
tion of such is desired, the Board takes jurisdiction. 



71 Board of County Commissioners. §2 18b 

The drainage commissioner, in cliarge of the work having let all 
contracts for construction of the ditch and having determined its total 
cost including all incidental costs, and having apportioned this total 
cost to the respective parcels of land shall certify such assessments 
and apportionment to the Board. At the next meeting of the Board it 
shall determine at what time and in what number of installments that 
payment should be made, which shall not extend over a period of ten 
years, with annual intervals after the first year. The Board shall 
record its determination together with its acceptance of the assess- 
ments and the apportionment, and fix a day, not less than 90 days 
thereafter, by which time the owners of such benefited land may pay 
their assessments for such construction, as a right, in full. 

The auditor, when such order is made, shall thereupon give news- 
paper notice of the placing of the assessments in the hands of the 
treasurer and of the right of such beneficiaries to discharge their lands 
from the liability on or before the date fixed by the Board. The treas- 
urer having made such voluntary collections at the date fixed, and 
having placed the receipts in a county depository, reports all collections 
to the Board. The Board being in session, after deducting the amount 
of the assessments reported paid by the treasurer, from the total esti- 
mated cost of construction and other incidental costs, shall cause bonds 
of the county to be issued, in denominations of not less than $100 
each, for the remainder. Such bonds shall be numbered consecutively, 
beginning with the first maturing. Such bonds shall bear five per cent, 
interest per annum, payable semi-annually; they shall also show on 
their face the purpose of their issue, and shall be paid from such 
assessments and not otherwise. 

The auditor shall prepare a "ditch duplicate", for recording all such 
assessments, and thereon extend the same for the full amount of the 
payments and adding interest on each successive installment at the rate 
of six per cent., and such assessments shall be a paramount lien on 
such lands. 

Such assessments shall be paid as other taxes are. 

Upon the issuance of the bonds, the auditor shall give newspaper 
notice of their offer of sale by the county treasurer, at least 20 days 
prior thereto, to the highest and best bidder. At the time and place 
fixed in the auditor's notice he and the treasurer shall attend such sale, 
and shall sell to the highest and best bidder for cash, but in no event 
shall the bonds be sold for less than their face value, nor shall the 
treasurer or auditor receive any fee or compensation for their services 
in making such sale. 

The proceeds of sale of such bonds shall be paid into the treasury, 
and shall only be paid out for construction of the ditch and its inci- 
dental expenses, upon the order of the ditch commissioner, approved 
by the circuit court, in which the proceedings were had. 

All costs advanced by the Board shall be refunded from such pro- 
ceeds. Any premium paid for the bonds shall be applied as part pay- 
ment of the first maturing installment, and shall be apportioned pro 
rata. 



§219 Board of County Commissioners. 72 

In case a ditch extends into more than one county, the several 
counties shall paj^ amount collected to treasurer of the county having 
original jurisdiction of the proceedings. 

DRAINAGE, ON STATE LINES. 

(Acts 1907, p. 508, Sec. 6149.) 

219. When ditch is on state line. In case that a change, widening, 
deepening, straightening or the construction of a ditch at or across the 
line between the State of Indiana and an adjoining state, affects the 
lands in both states, the Boards of this state are empowered to join 
with the proper authorities of the adjoining state in such work, by con- 
tract, such contract to be paid by each in such proportion as may be 
deemed just. 

Such work shall be done by petition, and jointly, as mentioned, pro- 
vided the adjoining counties in the other state shall pay their proper 
share of necessary costs and expenses. 

DRAINAGE — COUNTY COMMISSIONERS. 

(Acts 1907, p. 508, Sec. 6151.) 
220. Pi'eliniinary proceedings—Grievance. When any work of 
drainage is proposed, within one county, the petitioners may apply to 
the Board, instead of the circuit court at any regular session. The pre- 
liminary processes are similar in all particulars, as to hearing, demur- 
rer, pleadings, dismissal or amendment as when application is filed with 
the circuit court. 

Appeal may lie to the circuit court on the report of the drainage 
commissioners, within the proper time. 

The reports of the drainage commissioners shall be prima facie 
evidence of the facts therein contained, in either court. The county 
auditor performs the duties provided for the clerk in the circuit court, 
so far as applicable. The Board hears all pleadings at its next term. 

It is provided that when it shall appear that the proposed drainage, 
with its branches, will not exceed two miles in length, and will not cost 
to exceed $300, excluding the tile therefor, and when the county sur- 
veyor is not interested, nor related to the parties likely to be affected 
by such ditch, the auditor may refer the same at once to him, to investi- 
gate and report within 3 days to the auditor. The surveyor, herein 
has the powers and duties granted to engineers, drainage commission- 
ers and viewers in such proceedings. 

Upon the filing of the surveyor's report, the auditor shall issue a 
notice to each landowner — 

1. A general description of the ditch. 

2. Names of landowners named therein. 

3. A general description of such owner's land and amount assessed 
for benefits and damages. 

4. The day when the same will be heard by the Board which shall 
be the next ditch day, provided that it is not less than 15 days after 
such report is filed with the auditor. 



73 Board of County Commissioners, §220a 

The petitioner has the right to serve such notices, provided he calls 
for same within three days after filing of surveyor's report, otherwise 
it becomes the duty of the sheriff to serve them, the cost thereof to be 
taxed to the petitioner. 

Upon day set for hearing, all parties having had a ten days' notice, 
the Board proceeds to hear the cause. The Board in such hearing has 
the same powers as the circuit court, and observes same rules as to 
pleadings and amendments, and can change plan of the proposed work, 
and modify the assessments for benefits and damages. Objections by 
owners can be filed, and when aggrieved they have the right to appeal 
to the circuit court from the judgment of the Board. 

The burden of the proof lies with the remonstrant and the report of 
the surveyor shall be evidence of the facts therein stated. 

A continuance of the cause shall be had until it appears to the 
Board that all interested parties have had proper notice; non-residents 
to be notified by the auditor in same manner as non-residents are noti- 
fied in other civil cases. 

The construction and repairs of such ditch shall be made in same 
manner, as other ditches are made, as per act made and provided. 

220a. DRAINAGE DISTRICTS — BRIDGES OVER DRAINS. 

(Acts 1915, p. 245.) 
Sec. 34 of the Ballou drainage act of 1915, provides that the proper 
county, township or other corporation, shall build or enlarge, where 
necessary, bridges over the drains to be constructed under the drainage 
act, upon the order of the board of supervisors of the drainage district. 
The act provides that the secretary of the board of supervisors shall 
give notice to the proper county or township by delivering to the audi- 
tor or trustee of such county or township, the order of the board of 
supervisors, of the drainage district, declaring the necessity for the con- 
struction or enlargement of such bridge. Such bridge must be con- 
structed within ten days after the drainage ditch shall be completed 
across the public highway. 

Note: The question as to the validity of the provision that 
the drainage district officers may compel counties or town- 
ships to build or reconstruct bridges, will no doubt be deter- 
mined by the courts. — The Editor. 



ELECTIONS — PRIMARY. 

(Acts 1915, p. 359.) 
221a. Election precincts — Regular. Election precincts shall be the 
same for county primary elections under this act as for general elec- 
tions, and for city primaries the same as for municipal elections. The 
county commissioners or- city council, as the case may be, shall give 
ten (10) days' notice of the place of voting in the several primary 
precincts, by two publications in one paper each of the two leading 
political parties of the county or city and if it should be necessary to 
change any of the places of voting at said primary election after the 



§22 lb Board of County Commissioners. 74 

giving of such notice, then notice shall be given by like publication, of 
such change, but no change shall be made within two (2) days before 
the holding of such primary. Voting booths in sufficient numbers to 
accommodate voters of each precinct shall be furnished and used in 
the same manner as now provided under the general election laws of 
this state. Separate ballot boxes of colors corresponding with the color 
of the ballot shall be furnished for each political party participating in 
such primary. No primary election shall be held in a room or adjoin- 
ing any room in which spirituous, vinous, malt, or other intoxicating 
liquors are sold or kept for sale. The provisions of the general elec- 
tion laws now or hereafter in force relating to the right of any em- 
ploye to have sufficient time to attend the polls and vote shall apply to 
all primary elections held under this act. 

221b. Publications required. Every publication required in this act 
shall be made in two newspapers of general circulation in such county. 
One of such newspapers shall represent the political party that cast the 
largest vote in such county or city at the preceding general election, 
and one of such papers shall represent the political party that cast the 
next largest vote in such county or city at the preceding election and if 
no such paper, then in a paper designated by the chairman of such 
party. In any case where the publication of a notice cannot be made 
as hereinbefore required, it may be made in any paper having a general 
circulation in the county in which the notice is required to be pub- 
lished. 

222. Per diem of election officials. Each inspector, judge, clerk 
and sheriff of any primary election shall be allowed and paid three dol- 
lars ($3.00) for each day's service while attending to such election and 
performing the duties of his office. 

223. County furnishes supplies. All ballots, blanks and other sup- 
plies to be used at such primary and all expenses necessarily incurred 
in the preparation for or conducting such primary shall be paid out of 
the county treasury, in the same manner, with like effect, and by the 
same officers, as in case of general elections. 

224. Voting machines. If in any county or city voting machines 
shall have been adopted under the laws of this state, and shall be on 
hand for use at the general or city election, such machines may, by the 
order of county commissioners, or ordinance of the city council, be 
adopted whenever practicable for use at the primary election in such 
county or city and used. When so adopted all provisions of the laws 
of this state providing for or applying to their use at elections not in- 
consistent with the provisions of this act, and ail provisions of this act 
as far as applicable, shall apply to the use of such voting machines at 
such primary elections. 

(Acts 1907, p. 627, Sec. 7109.) 

2S4a. When voting machines are used. In counties that have 
adopted and procured voting machines, such shall be used at primary 
elections, either on the order of the Board or the city council. 



75 Board of County Commissioners. §225a 

EliECTlONS, REGISTRATION OF A OTERS. 

(Acts 1913, p. 528, Sec. 6977b-y.) 
225a. When Board fixes voting precincts — Inspectors — Expenses. 

The "Van Auken-Storen Registration Act" provides tliat wliatever 
order the Board shall make changing precinct in any year of a general 
November election, shall be made not later than the March session of 
the Board, which shall thus remain throughout the year as fixed at 
such time. 

For the purpose of registering the legal voters of the county, at the 
regular August session preceding such general election, the Board shall 
appoint a registration inspector for each election precinct of tlie coun- 
ty. Such inspector shall, at the time of his appointment, be a voter 
and resident freeholder in the township in which the precinct is situ- 
ated, and continuously for at least a year immediately prior thereto; 
or a resident householder and voter of such precinct who for at least 
two years continuously resided therein immediately prior thereto. 

The auditor shall notify such inspector of the appointment, and 
within ten days he is required to qualify to such office, which oath shall 
be in writing and shall be filed in the auditor's office. In case such 
appointee should fail to qualify within such ten days, his office shall be 
deemed as vacant, and such vacancy shall be filled by appointment of 
the auditor. 

Two registration clerks of the precinct shall be appointed by the 
inspector of such precinct, to be nominated by the county chairman of 
each of the two political parties casting the largest vote in the county 
at last preceding election. 

(Acts 1915, p. 530.) 
225b. Registration places — Notice. The county commissioners of 
each county in tlie state shall, at least fifteen (15) days before the 
session of the board of registration provide for and secure in each pre- 
cinct of tlie county, a suitable room in which the Board shall sit during 
its session, and, if practicable, they shall secure the same room in 
which the election is to be held. The room shall not be one in which 
spirituous, vinous, malt or other intoxicating liquors are kept or sold. 
225c. Compensation of Oiiicials. The inspector of registration 
shall receive for his services in and about said registration performed in- 
cluding the services required to be performed by him, both before and 
after the day or days of registration, the sum of three dollars ($3.00) 
and in addition thereto he shall be paid the sum of two dollars ($2.00) 
for the day on which he procures the registration books, blanks and 
other stationery from the county auditor, and a like sum for the day on 
which he returns such books, together with a sum equal to five cents 
per mile for each mile of the shortest distance between his residence 
and the auditor's office, but such inspector shall be entitled to such per 
diem as aforesaid for procuring and returning such registration books, 
only in the event that he actually performs such services in person. 
The clerks of such Board shall receive for all services performed by 
them the sum of three dollars ($3.00) : Provided, That if such Board 



§226 Board of County Commissioners. 76 

of registration is in session for the purpose of registration, an addi- 
tional day tlien each member of said Board shall receive an additional 
three dollars ($3.00) for such additional day. 

ELECTIOJVS, AUSTRALIAN BALLOT. 

(Acts 1907, p. 659, Sec. 6882.) 

226. Preliminary duties of Board — Precincts — Inspectors. It is the 

duty of Boards to divide the townships into voting precincts, and es- 
tablish the boundaries of the same. The Board shall designate at 
least one place of holding elections in each precinct, and every town- 
ship in which there is only one place of holding an election, shall con- 
stitute a precinct. Each precinct shall contain, as nearly as practica- 
ble, 250 electors, but no precinct shall contain more than 250 electors. 

If at any election more than 250 votes should be cast at any voting 
place, it becomes the duty of the inspector to report this to the Board 
which shall, at its next regular meeting, divide the precincts so that 
there shall be 2 50 votes, as nearly as practicable, and the Board shall 
report such action to the clerk of the circuit court and to the governor, 
showing the estimated number of electors contained in the new pre- 
cincts. 

Upon the petition of 2 5 electors of a township with a single voting 
precinct, where there were 200 votes cast at the last presidential elec- 
tion, addressed to the Board, representing that it will be a public con- 
venience and for the public good to change, divide or consolidate such 
precinct, the Board being convinced shall grant the petitioners' prayer, 
and report such alteration to the clerk of the circuit court as well as 
the governor, together with the estimated votes of each of the new 
precincts. 

A writ of mandamus will apply to the Board, by any qualified voter 
of the county, to compel the performance of this duty. 

The provisions of this act do not apply to any county where "voting 
machines" are used. 

JVote: The act of 1913 requires this order to be made not 
later than the March session in years of a general election. 

(Acts 1915, p. 135.) 
226a. Voting precincts — county commissioners designate. In any 

township in which there is only one precinct, and in which there are 
one or more incorporated towns the Board of County Commissioners 
shall designate the polling place at some convenient place in that 
incorporated town in the township which had the largest population 
according to the last preceding United States census. 

(Acts 1891, p. 124, Sec. 6883.) 

227. How changes are to be made. The Board may at the proper 
time change the boundaries of any precinct within the county, or 
divide any precinct into two or more precincts, or consolidate two pre- 
cincts into one, or change its voting place whenever public convenience 
or the public good may require it. Publication for one month by one 



77 Board of County Commissioners. §228 

insertion in two newspapers representing two political parties is neces- 
sary to validate such alteration. Any enlarged precinct shall not con- 
tain more than 2 50 electors. 

Note: This act must be construed with the registration act 
of 1913, at page 528, Burns R. S. Sec. 6977a-y. See Sec. 225 
of this book. 

(Acts 1901, p. 437, Sec. 6885.) 

228. September meeting — Duties of Board. At the September term, 
next preceding an election, the Board shall appoint in the precincts, in 
which a township trustee does not reside, an inspector for such elec- 
tion. He shall have been a freeholder and resident householder for at 
least one year next preceding such election, or a resident householder 
for at least two years. In the event that no person is qualified or will 
consent to serve, the Board shall then appoint some qualified elector 
of the precinct as inspector. 

The Board shall hold a special session one week before each elec- 
tion, and shall fill any vacancy that may have occurred in the office of 
inspector. 

The inspector before time of opening the election shall appoint two 
judges, if not already appointed, and such judges and inspector shall 
constitute the Board of election for such precinct. The act embraces 
other conditions which do not obtain to the Board of Commissioners. 

Note: The township trustee is, by virtue of his office, in- 
spector in the precinct in which he resides. 

(Acts 1889, p. 157, Sec. 6887.) 

229. Auditor to iuriiish all supplies. It is the duty of the auditor 
to furnish all blanks and supplies necessary for use in all elections. 

(Acts 1889, p. 187, Sec. 6891.) ^ 

230. Ballot boxes, how constructed. The Board shall provide at the 
expense of the county, two differently colored ballot boxes, one of them 
red for the reception of the ballots prepared by the state board of elec- 
tion commissioners; the second box being white for reception of the 
ballots prepared by the county Board of election commissioners. Each 
box is required to have two locks with different fitting keys, and be 
otherwise constructed as to contribute to the prevention of fraud. 

Note: The Board shall also provide a ballot box, painted 
yellow, for use in township elections. See Sec. 69 8 6 Burns 
R. S. 

(Acts 1897, p. 49, Sec. 6922.) 

231. Suitable room — Booths — Railings — Chutes — Restrictions. The 
Board shall, before each election, provide for and secure, in each pre- 
cinct of the county, a suitable room to hold the election, and to have 
placed therein a railing separating the part of the room to be occupied 
by the election Board from the other part of the room; and also three 
booths with shelves in which the electors shall, screened from observa- 
tion, mark their ballots. 

The construction of the booths shall be such that all the members 



§232 Board of County Commissioners. 78 

of the Board may see whether or not more than one voter shall enter a 
booth at one time. 

The Board shall also provide for each precinct a chute, with a rail- 
ing, rope or wire on each side commencing 5 feet away from and lead- 
ing to such voting place and passing the challenger's window. 

The expenses of such preparation shall be defrayed by the Board. 

No election shall be held in a room where intoxicating liquors are 
kept or sold. 

(Acts 1881 S. p. 42, Sec. 6952.) 

232. Meals for election officers. It becomes the duty of the town- 
ship trustee, in his township to furnish the election boards with good, 
plain, substantial meals, at regular hours, during the election day, and 
until the count is finished, but no spirituous, vinous or fermented 
liquors shall be furnished. Such trustees shall be allowed and paid by 
the Board the actual cost of such meals, in its next regular account. 

Note: Boards cannot allow a claim to a trustee for meals 
which the trustee himself has furnished. 

ELECTIONS — VOTING MACHINES. 

(Acts 1903, p. 278, Sec. 7024.) 

233. When Boards must purchase voting machines — Precincts. The 

amendment of 1903, p. 278, makes it compulsory for the Boards of 
counties containing a city with population of 36,000 or more to adopt, 
purchase or procure voting machines for use in all elections. In all 
other counties the Board may in its discretion adopt and purchase 
them. 

Section 3 of the act 1901, at page 5 91, gives in detail the require- 
ments of the machine and the workings it must perform to insure ac- 
curacy and secrecy in its manipulation. 

The restrictions of the Board, in adopting and purchasing voting 
machines, require a five-year written guarantee with a bond condi- 
tioned that the seller will keep such machines in working order, for 
such time, without expense to the county; also that the Board must 
be satisfied the adopted machine complies with the requirements of 
Section 3 of the act, and that it is thoroughly reliable and correct in 
its operation, readily understood and operated, can not be fraudulently 
operated and will unquestionably maintain the secrecy of the ballot. 

When it is impossible to purchase machines for all the precincts, 
the Board may purchase for a part of them, as many as possible, and 
designate the precincts where the machines shall be used. 

The precincts in which the voting machines are used shall contain 
as near 600 voters, as practicable, which in country precincts, may, at 
the discretion of the Board be reduced. 

The Board shall at the proper session change precincts to conform 
to the requirements of this act. At the same session the Board shall 
designate the precincts where the machines are to be used, and es- 
tablish their boundaries. Not until after such election can such order 
be rescinded, relative to boundaries, which were adopted at that ses- 
sion. 



79 Board of County Commissioners. §234 

In the event that it becomes impossible to obtain machines for use 
in such designated precincts, tlien the precincts may be provided or 
changed to conform with the law with reference to those where ma- 
chines are not used, and the notice of such division shall be made in 
manner prescribed by law for changes in precincts. 

The Board shall have the care and custody of all voting machines 
while not in use. 

Note: See Burns R. S. Sec. 6977b, Sec. 225, this book, for 
time for fixing precinct boundaries. 

(Acts 1903, p. 278, Sec. 7025.) 

234. How voting machines may be paid for. The amended act a' so 
provides for payment by the Board for any voting machines purchased 
or procured, in any manner deemed best for the interests of the county. 
Money may be borrowed for the purpose, and bonds or other evidences 
of indebtedness of the county may be issued, and sold in same man- 
ner and upon the authority prescribed by law. 

(Acts 1903, p. 278, Sec. 7026.) 

235. Penalty for Hwibery at election. Any member of any Board, 
who shall receive or accept directly or indirectly, any money, property 
or thing of value for his influence, vote or action in connection with 
the purchase of a voting machine by such county from any one, shall 
be fined in a sum not over $3,000, to which may be added imprison- 
ment in the state prison for a term of 2 to 4 years and disfranchised 
for a period of 10 years. 

ELECTIONS — CONTESTS. 
(Acts 1881, S. p. 482, Sec. 7010.) 

236. How contestants are to be heard. All contests for county and 
township elections shall be tried by the Board. 

Whenever any elector shall choose to contest such election, he shall 
file a written statement specifying grounds of contest, verified by his 
aflftdavit, with the auditor, within 10 days after the person has been 
declared elected. In the event that there is a contest for the office of 
auditor, such statement shall be filed with the clerk of the circuit 
court. 

(Acts 1881, S. p. 482, Sec. 7012.) 

237. Duties of auditor, in contested election. When such statement 
has been filed with the auditor, he shall issue his notice to the Board 
to meet at the court house at a designated time, not less than ten nor 
more than twenty days to try such contested case. Within five days 
thereafter he shall likewise issue notice of time and place set for the 
hearing, which shall be served on contestee by copy, by the sheriff. 

(Acts 1881, S. p. 482, Sec. 7013.) 

238. Duties of Board, in contested election. The Board shall try 
and determine such contest, having power to compel the attendance 
of witnesses; to examine them; to punish contempts; to adjourn, or 
continue the trial from time to time, not exceeding 20 days, all told. 



§239 BoAED OF County Commissioners. 80 

All subpoenas are to be issued by the auditor and to be served by 
the sheriff. The rules of the circuit court shall govern such trial, and 
the finding of the Board shall be certified to the proper officer. The 
judgment of the Board shall fix and tax the costs of such trial. 

EXAMINATIONS. 

(Acts 1897, p. 187, Sec. 5986.) 

239. Monthly exaniinations by board. The Board is required at the 
first of each regular session to examine and audit the books of both 
the auditor and treasurer, covering the comparison of the allowances 
with their respective stubs or register, made at its last session. The 
Board shall also examine all warrants redeemed by the county treas- 
urer turned over to the auditor by him for credit, and to see that all 
such warrants are properly canceled so that they can not be again put 
into circulation; and further to see that the accounting between the 
two officers is proper, 

FEE BILLS. 

(Acts 1865 S. p. 182, Sec. 6099.) 

240. When auditor shall issue. When costs adjudged against any 
party remain unpaid, upon orders of the Board, or by any interested 
party, the auditor shall issue a fee bill directed to the sheriff to enforce 
the collection of such costs, and be governed in all respects by the 
regulation for fee bills issued by the clerk of the circuit court. 

FEES AND SALARIES. 

(Acts 1899, p. 543, Sec. 6100.) 

241. "Fees and Salaries, 1913." For salaries of county commission- 
ers see "Pees and Salaries, 1913", Sec. 517. 

(Section 6101.) 

242. Extra pay to board, forbidden. It is unlawful for any county 
commissioner to receive, in any way, any compensation in addition to 
his salary; or to make, or join in making, any allowance to himself 
or to another member of the Board, for any service or expense rendered 
by him or them, in any way, or to make to himself or to any member of 
the Board, any allowance for any service other than as commissioner. 

(Section 6103.) 

243. Board's salary payable quarterly. Salaries of commissioners 
are made payable quarterly. 

(Section 6102.) 

244. Penalty for other allowances. Any member of the Board mak- 
ing such an allowance or receiving any money or article of value or 
compensation in violation of law shall be guilty of a misdemeanor, and 
upon conviction be fined from $50 to $1,000, to which may be added 
imprisonment and disfranchisement for a determinate period. 



81 Board of County Commissioners. §245 

(Acts 1895, p. 319, Sec. 7350.) 

245. Examination by Board of officers' claims. The Boards, to- 
gether with their attorney, shall have full power, and it is made their 
duty, at their sessions, to inspect and examine all records, fee books 
and papers of officers who collect fees for services rendered, for the 
purpose of comparing such accounts, for their bills rendered. 

A refusal or failure to deliver such fee book to the Board by an 
officer subjects him to fine of $100. 

(Acts 1883, p. 48, Sec. 7361.) 

246. When allowances forbidden. It shall be unlawful for any 
Board to allow any county, township or other public officer any sum 
out of the county treasury, except on unequivocal authority, so to do, 
as conferred by a statute. 

(Acts 1863, p. 43, Sec. 9606.) 

247. Advance allowance forbidden. No law of the state regulating 
the salaries of public officers shall be so construed as to permit an offi- 
cer to draw or receive his salary in advance, 

(Acts 1913, p. 376, Sec. 7341.) 

248. Special session in December. Boards are required to meet in 
special session on the last business day in December in each year for 
the purpose of providing for the payment of the claims for salary, for 
which appropriations have been made, of the clerk of the circuit 
court, auditor, treasurer, sheriff and recorder. 

FENCES. 

(Acts 1 R. S. 1852, p. 292, Sec. 7363.) 

249. Definition of a lawful fence. A lawful fence is defined as any 
structure, hedge or ditch, in the nature of a fence, used for the pur- 
pose of an inclosure, which is such as good husbandmen generally keep, 
and as shall, on the testimony of skillful men, appear to be sufficient. 

For definition of a partition fence, see Acts 1915, page 6 38; amend- 
ing Sec. 7 37 9 Burns R. S. 

FENCES ON OVERFLOWED LANDS. 

(Acts 1875, p. 104, Sec. 7389.) 

250a. Consent of Board — Appointment of viewers. Whenever a 
majority of owners of improved and cultivated lands, situated on a 
stream, water course, lake, pond or marsh subject to overflow, shall 
petition the Board for permission to enclose such lands under one gen- 
eral fence, with swinging gates upon its highways, the Board shall 
appoint three viewers, to inspect the premises and make an assess- 
ment against the owners for such improvement, to be apportioned as 
to the number of acres of each owner of improved land. 

6—4842 



§250b Board of County Commissioners. 82 

(Acts 1875, p. 104, Sec. 7390.) 
250b. Report of viewers. Upon the report of the viewers, together 
with a tabular statement of the assessments made, in the absence of 
a remonstrance, the Board may issue an order for the erection and 
maintenance of such fence and gates. If remonstrance is made, the 
Board may order or refuse to order such erection, at its discretion. If 
delay is made by reason of a mistake of the viewers, other viewers may 
be appointed to perform the service and make report. 

(Acts 1875, p. 104, Sec. 7391.) 
250c. Duties of auditor. The certified copy of assessments against 
the landowners, as made by the viewers, when accepted by the Board, 
shall be filed with the auditor. After thirty days from the construction 
of the fence and gates, if assessments are not paid in full, an inter- 
ested property holder may file his affidavit with the auditor as to the 
delinquents, when the auditor shall place such delinquency on the tax 
duplicate to be collected as other taxes are. 

(Acts 1875, p. 104, Sec. 7392.) 
250cl. Compensation to viewers. The Board shall fix the compen- 
sation of the viewers, which shall be taken as a part of the entire 
costs, together with the payment of services of a surveyor if needed 
by the viewers. 

(Section 7393.) 
250e. Animals — Restriction. Animals running at large on such 
enclosed territory are prohibited from March 15th to December 2 5th 
of each year. 

IH^ENCING ASSOCIATIONS. 

(Acts 1877, S. p. 44, Sec. 4237.) 
251a. Pi'ocedure in forming. Any number of persons, not less than 
five, who may be Interested in inclosing under one general fence a 
sufficiently described territory of land, may associate themselves for 
such purpose, elect directors and record their articles of association. 

(Acts 1877, S. p. 44, Sec. 4241.) 
251b. Petition to Board- — Viewers. The board of directors shall 
then present its petition signed by the owners of the major portion of 
the proposed enclosure to the Board. Such territory must be specific- 
ally described in the petition, the character of the gates, highways 
crossed, nature of the improvement, details of its cost, and a prayer 
for the appointment of viewers. The Board upon proof that the peti- 
tioners own a major portion of the improved land in such area shall 
appoint three disinterested viewers. 

(Acts 1877, S. p. 44, Sec. 4242.) 
251c. Duties of viewers- — Assessments. The viewers shall meet at 
time and place fixed by the Board and proceed to hear and determine 
any complaints, and to fix the assessments for the proposed construc- 
tion. 



83 Board of County Commissioners. §252 

The viewers having completed their apportionment shall submit a 
written report to the Board together with tabular statement of the 
assessments made by them. The act provides for the collection of all 
assessments to be made by the treasurer of the association. 



FERRIES. 

(Acts 1911, p. 309, Sec. 7409.) 

252. Procedui'e before Board — liicense. No person, company or 
corporation shall be permitted to operate a ferry on any stream in, 
or bounding any county until first having obtained a license from the 
Board. The Board shall require satisfactory evidence, to be intro- 
duced, that proper notice has been given in the township that the 
ferry is proposed to be operated, by the posting of three notices in 
three public places therein, or by advertisement, not less than ten 
days in a newspaper when published in such township. 

The Board being satisfied that a ferry is needed at such place, may 
grant such license to applicant for a term of five years, upon payment 
of $2 to $50 per year, payable in advance, as directed by the Board. 

(Acts 1855, p. 117, Sec. 7414.) 

253. Restriction as to other ferries. Other and additional public 
ferries may be licensed by the Board upon any stream upon applica- 
tion and proof of proper posting in three public places in the county, 
thirty days before the meeting of the Board; conditioned however that 
no ferry be established within one mile, below or above, an established 
ferry, unless the public convenience requires it. 

(Acts 1855, p. 117, Sec. 7415.) 

254. When on stream dividing counties. When the stream is a 
boundary line of two counties, owners of lands, on either side of the 
stream, desiring to maintain a public ferry across said stream, shall 
apply to the Board of county where such land is situated. The Board 
may order its establishment, when the auditor shall certify the order 
to auditor of county on such opposite side, at the expense of the appli- 
cant. 

Such county may fix the tax for license for such ferry at not more 
than that fixed by law for one county, one-half of which shall accrue 
to each county. Private ferries may be maintained on owner's land, 
where no charge is made. 

Note: No notice of a publication of the application is men- 
tioned in this act. 

FIRE ESCAPES. 

(Acts 1909, p. 302, Sec. 3842.) 

255. Jurisdiction. The state bureau of inspection has jurisdiction 
over all public buildings, in the matter of the requirement of a fire- 
escape on structures of three or more stories. 



§256 Board of County Commissioners. 84 

FISCAL. 

(Acts 1907, p. 391, Sec. 7527.) 

256. County Boai'd of Finance — Powers and duties. The Boards in 
each county shall constitute a county board of finance, without any 
other compensation than their salaries as such commissioners. 

The county auditor is ex-oflficio secretary of the County Board of 
Finance, and shall keep a record of the proceedings of the Board. The 
auditor shall be paid $50 additional compensation for his services. 

In counties in which the county treasurer is ex-ofRcio treasurer of 
the county seat city, and is ex-officio treasurer of the school city or 
board of school commissioners of such county seat city, the County 
Board of Finance shall consist of the Board, the mayor and controller 
(if any) and the chief executive officer of such school city or such 
board of school commissioners of such county seat city. The mayor 
shall preside and shall have a vote in all cases. 

The auditor shall, in case of a tie, cast the deciding vote. 

The County Board of Finance shall have charge and control of 
the county funds, and as stated in the foregoing conditions, the 
funds of the county seat city and the funds of the school city. 

(Acts 1907, p. 391, Sec. 7531.) 

257. Designating depository — Duty of treasuier. The county treas- 
urer shall deposit all moneys of the county in such depositories as are 
designated by the County Board of Finance. 

(Acts 1909, p. 182, Sees. 7532, 7533.) 
258a. How depositories are selected — Securities. Selection of de- 
positories must be confined to such banks or trust companies as are 
subject to visitation and examination by the United States comptroller 
or the auditor of state. 

In lieu of personal or surety company bonds, banks or trust com- 
panies may deliver to the Board of Finance the bonds of any county of 
this state, bonds for the improvement of roads, or bonds of the United 
States, for the full face value, equal to one-half of the maximum 
amount to be deposited in any bank or trust company, when the value 
and validity has been determined; and further that such bonds may be 
deposited in part and personal or surety company bond for the remain- 
der of such maximum amount. 

(Acts 1909, p. 437, Sec. 7535.) 

258b. Pi'oposals for public deposits. Within twenty days before the 
time set for meeting of the Boards of Finance, its secretary shall by 
registered mail, invite proposals from each bank or trust company in 
their respective townships or counties, to receive public funds on de- 
posit. 

(Acts 1909, p. 438, Sec. 7536.) 

258c. Who may receive deposits- — Interest. Any bank or trust com- 
pany subject to examination by state or national authority, having and 
doing its business within the state is eligible to be a depository of pub- 
lic funds. 



85 Board of County Commissioners. §258d 

It shall, agreeably to the invitation, express its desire to receive on 
deposit the public funds of the county by filing with the Board of 
Finance, at time fixed in the invitation of the secretary, its written 
proposal to receive a maximum sum on deposit, and agree to pay on 
daily balances the annual rate of 2 per cent.; upon semi-annual time 
deposits, the annual rate of 2i per cent., and upon annual time deposits, 
the annual rate of 3 per cent. 

(Section 7536.) 
258(1. Requireineiits ol depository — County fund. The bonds and 
securities required under the provisions of the act shall be filed within 
five days after the award is made to such depository, and before a de- 
posit of public funds is made. 

All interest earned on deposits of county funds shall accrete to 
the county fund. All interest earned on deposits of the school fund 
shall accrete to tuition revenue. 

(Acts 1911, p. 414, Sec. 7724a.) 
259. Exception as to appropriation — Allowance recovery. When- 
ever any township has or may vote for the improvement and construc- 
tion of a free gravel road, under any law of the state; has advertised 
for bids, and lias received no bid within the estimate within two years 
from such advertisement, it then becomes the duty of the Board to 
pay from the general fund of the county, without an appropriation be- 
ing made therefor, the fees due the engineer, surveyor, viewers, elec- 
tion officers, cost of advertising, election supplies and all fees, costs 
and expenses incurred in the proceedings. 

This shall be repaid to the county by an annual levy of a tax by 
the Board, upon the property of the interested townships, collectible 
as other taxes are collected within not more than three years. 

(Acts 1911, p. 437, Sec. 5901a.) 
260a. Public building — Settlement witliheld. It is the duty of the 
Board, and other official boards, to withhold payment to the contractor 
for any public improvement until such contractor has paid to the sub- 
contractor, and laborers employed in such construction, all bills due 
and owing the same. When a deficiency exists, then such balance shall 
be prorated. 

Such sub-contractor, or laborer, is required to file his claim within 
thirty days from the completion of the work with the Board. 

The Board shall withhold payment of a sufficient amount in the 
case of disputes until they are settled and until correct amount is de- 
termined, when payment shall be made. 

(Acts 1911, p. 437, Sec. 6004a.) 
260b. Requirements of subcontractor and laborers. Section 2, of 
the act provides that all contracts for public buildings and improve- 
ments shall include a clause for the withholding of sufficient amount 
to cover payment of material, sub-contractors and laborers, conditioned 
that such claims shall be filed with the Board within 30 days after such 
labor is performed or the furnishing of such material. 



§261 Board of County Commissioners. 86 

(Acts 1911, p. 413, Sec. 6004a.) 

261. When auditor required to issue warrant for judgment — Aj)- 
Ijropriation. The act approved March 4, 1911, repealing all conflict- 
ing law, provides: that upon the allowance of any claim against any 
county by the Board and for the payment of which claim appropriation 
has been made by the proper authority, the county auditor shall draw 
his warrant therefor. 

Also, that upon the judgment, decree or order of any court of 
common law jurisdiction within any county in the State of Indiana in 
any case wherein a county was a party and was duly served with 
process for the payment and the filing of a certified copy of such judg- 
ment w^ith the auditor of such county, and the allowance of such claim 
by the Board of such county, such auditor shall issue his warrant 
therefor. 

(Acts 1911, p. 337, Sec. 7726a.) 

262. Act 1911 — Certain county bonds exempt from taxation. Under 
the provisions, and with an emergency clause, of an act approved 
March 4, 1911, all bonds authorized by any county or township in 
the state, after such date, for the purpose of building, constructing 
and paying for the construction of any free gravel, macadamized or 
other improved roads, shall be exempt from taxation; provided such 
bonds shall not bear a greater rate of interest than 41 per cent, per 
annum, payable semi-annually. 

(x^cts 1911, p. 43.) 
268. Legalization of certain county bonds. All bonds issued and 
sold prior to February 24, 1911, pursuant to any order of Boards for 
purpose of providing money for the construction or improvement of 
any highway under color of any statute, where purchase money was 
paid and received, were by the act of that date legalized. 

(Acts 1913, p. 414, Sec. 7725b.) 

264. County bonds — Sale of — Indianapolis newspaper. All bonds 
hereafter (March 8, 1913) authorized by the Board to provide money 
for the purpose of construction or improvement of any highway, shall 
be sold by the county treasurer to the highest bidder therefor, but for 
not less than par, and after a notice of such sale published in a news- 
paper of general circulation within the county, and in a like newspaper 
published in Indianapolis. 

Such publication is required to be made not less than 10 days prior 
to such sale. 

265. Legalizing acts of legislatuie. Note: A number of laws have 
been enacted in relation to the legalizing matters of the Free Gravel 
Road Act, and reference is made to the following: 

Acts 1909, at page 333; 

Acts 1911, at pages 43 and 642; 

Acts 1913, at pages 108 and 484. 
These cover elections, contracts, proceedings of the Board; "three- 
mile" proceedings; sales of bonds, and purport to validate all bonds 
issued in good faith, and for value received. 



87 Board of County Commissioners. §266 

(Acts 1911, p. 337, Sec. 7725c.) 

266. Reissue of F. G. road bonds, when. The act, 1911, at page 
337, provides for the reissue of a bond series in the event that the 
treasurer is unable to obtain bids for any issue of gravel road bonds 
within one year from their date of issue. The reissue of bonds shall 
not bear a greater rate than 4i per cent, interest and they may be 
issued at any time within a year from the recall and retirement of the 
original bonds. 

(Acts 1913, p. 473, Sec. 7724b.) 

267a. Extraordinary conditions — Board's duties — Dismissal. When 
all preliminary matters relative to the construction of a free gravel 
road have been carried out, and it is found by the Board that such 
improvement shall not be made for the reason of failure to obtain bids 
within the estimated cost; that such improvement will exceed the tax 
limit of 4 per centum, as provided by law; or where two or more roads 
have been included and carried in an election, and only one or more 
of them can be improved, such remaining petitions shall be dismissed 
within forty days from such discovery. 

(Section 7724b.) 

267b. Board advances payment — Reimbursement. The Board 
thereupon without further delay shall pay out of the general fund of 
the county the per diem and expense of the engineer and viewers, the 
per diem of the necessary helpers, cost of notices given, expenses of 
election, a reasonable attorney's fee for petitioner's attorney, and all 
other costs and expenses incurred up to that time. 

These sums shall be repaid to the county by the interested town- 
ships, in equal proportions, by an annual levy of tax by the Board upon 
the assessed property thereof within not more than 3 years. 

Petitions for free gravel roads which may be dismissed by the Board 
for insufficiency; because of no public utility; defeat at an election, the 
costs shall be taxed to the petitioners, and if not paid within 30 days, 
the county auditor shall issue to the sheriff his fee bill for collection 
of such costs. 

(Acts 1913, p. 913.) 

267d. Act of 1913 — Payment to contractor. Under the act of 1913, 
at page 913, Boards are authorized to levy a special tax in townships 
in which a free gravel road by taxation was under construction at the 
time the Supreme Court of Indiana declared the Highway law to be 
unconstitutional, to recompense the contractor for damages sustained. 

26 7e. FLOOD PREVENTION— MARION COUNTY. 

(Acts 1915, p. 143, Sec. 5.) 

The Indianapolis Flood Prevention Act of 1915 provides that the 
county shall pay forty-five per cent, of the cost of the public works to 
be erected by virtue of the act out of the general fund, or from the pro- 
ceeds of a bond issue which is authorized. 

The law is of local importance only and reference is made to the 
act. 



§276f Board of C'ounty Commissioners. 88 

267f. FLOOD PREVENTION — ALLEN COUNTY. 

(Acts 1915, p. 319.) 

The flood prevention act applying to counties having a city with 
population of 60,000 to 68,000 (Allen county), provides under Sec. 
10, as follows: 

County may advance money. For the purpose of obtaining offices, 
clerical assistance, legal and engineering services and paying the serv- 
ices of any officer hereunder, the county council of any such county 
and the common council of any such city may, by appropriation, gen- 
eral or specific out of its general fund, advance as a loan to such board 
of drainage commissioners, such sums of money as they may require, 
which sums shall be repaid to the county and city advancing the same 
when the expense of such offices, clerical assistance, legal or engineer- 
ing services and service of such officers shall have been collected as a 
part of the cost of any work hereunder. 

GRAVEL PITS. 

(Acts 1913, p. 411, Sec. 7759-d.) 

268a. Condemnation ])roceeding:s for road material — Sale to town- 
ship. In counties of 90,000 to 150,000 population as shown by the 
last U. S. census, when by resolution of the Board, it shall be adjudged 
that it is necessary, in the interests of the free gravel roads or turn- 
pikes to require an entry upon any land, stream or lake in such county, 
to procure gravel, sand, stone, timber or any other materal for the 
repair of such roads, and giving a description of such lands, streams, 
rivers or lakes to be entered upon, and probable cost of same, and 
probable amount of material required, the Board may cause applica- 
tion to be made to the superior or circuit court for appointment of 
appraisers. Section 4, of the act, provides for the payment for the 
material obtained by the condemnation. 

The Board is empowered to sell any of such material to township 
trustees for use of the townships at a price not less than its cost. 

208b. PurchavSe of necessary tools. To carry out the purpose of the 
act. Boards are authorized to purchase, own and operate a dredge, stone 
crusher and such other tools and machinery as may be deemed neces- 
sary to facilitate the securing and appropriation of the road material, 
and the use of same on the highways of the county. 

GRAVEL ROAD CORPORATION — (TOLL). 

(Acts 1885, p. 180, Sec. 4518.) 
269a. Formation of toll roads. Any number of persons having 
formed a corporation for the purpose of constructing a plank, stone 
or gravel permanent road, are given the right, with the consent of the 
Board, to locate same on any state or county road or public highway 
and collect tolls when constructed. 

Such proceeding shall be made a matter of record and show the 
conditions upon which such grant was made by the Board. 



89 Board of County Commissioners. §269b 

This grant of such public road gives the management thereof to 
the incorporated company. 

(Section 4518.) 
269b. Requirements of incorporators. Tlie application by the com- 
pany must be made at a regular session of the Board, and after a 
fifteen days' newspaper notice has been given of the pendency of such 
application, likewise the posting of notices in five public places, one 
at the court house door and four along the line of the road. 

Before the consent of the Board shall be given five resident free- 
holders living along or within one mile of the proposed toll road, may 
file their remonstrance against the location, and shall have a hearing 
at this session. 

Either side may appeal, from the decision of the Board, to the cir- 
cuit court, upon giving an appeal bond, with surety, to be approved by 
the auditor. 

(Acts 1 R. S. 1852, p. 394, Sec. 4546.) 
269c. Feii'y, when may be constructecl. When any incorporated 
toll road company has constructed its road to any navigable stream of 
water, it is authorized under the act to establish a ferry across such 
stream, from the end of its road, to transport persons and property. 

Such company is authorized to charge and receive such rates of 
toll as may be fixed and established by the Board. 

GUAKDING PKISONEKS. 

(Acts 1905, p. 584, Sec. 2190.) 
270. Appointment by sheriff — Guard's compensation. The expense 
of guarding prisoners while at work outside of the limits of the jail 
or workhouse shall be paid out of the county funds, on the order of 
the Board. 

The guard is appointed by the sheriff and vested with powers of 
a deputy, and shall be when in an incorporated town, the marshal, 
thereof, and in a city the street commissioner, as far as practicable. 
The Board shall fix the compensation for the services of the guard. 

Note: Reference is made to Sec. 5 27a-l, this book, con- 
cerning "workhouse." 

LAZY HUSBAND ACT. 

(Acts 1915, p. 139, Sec. 2, Sub-Sec. 4.) 
270a. Payment to Avife or cliildren. Where a conviction is had un- 
der the so-called "Lazy Husband Act," and the court orders that the 
person so convicted shall be compelled to work upon the public work 
in the county, it is the duty of the board of such county to allow and 
order payment out of the current funds to the wife of the prisoner, or 
to the guardian or custodian of his children, or to a trustee appointed 
by the court for that purpose, a sum not to exceed one dollar for each 
day's work of such prisoner. 



§271 Board of County Commissioners. 90 

HEALTH. 

(Acts 1903, p. 161, Sec. 7618.) 

271. Powers and duties county health commissioner. The county 
health commissioner, by virtue of his ofhce, having in charge the man- 
agement of prevention of contagious, infectious and pestilential dis- 
ease, may cause removal of persons thus afflicted, and provide a proper 
place to be designated by him; may procure nurses and other attend- 
ants; to call upon peace officers to assist in prevention of disease; to 
supply free of charge diphtheria antitoxine for the poor, and other 
matters, all of which, upon such authority, the Board shall pay from 
the county fund. 

Note: Reference is made to Sees. 7619, 7622 and 7 625 
Burns R. S. 

271a. DEATH BA TUBERCULOSIS. 

(Acts 1915, p. 111.) 
Section 4, of the act of 1915, provides for the disinfection of the 
premises vacated by the death or removal of a tuberculosis patient, 
under a prescribed formula; and that the expenses thereof shall be 
borne by the county, when the premises disinfected are located outside 
of a city or town. 

(Acts 1909, p. 345, Sec. 7605.) 

272. When Boaj'd elects health commissioner. The Board shall 
elect a county health commissioner on the first Tuesday of January, 
1910, and every four years thereafter. 

(Acts 1903, p. 161, Sec. 7617.) 

273. Payment of expenses. A representative of all boards of health 
is required to attend the meeting of the state board of health, when 
so requested by that board, for conference concerning the prevention 
of contagious and infectious diseases, and other sanitary matters. The 
expenses of such delegate shall be paid out of the general fund by the 
Board appointing him. 

HIGHWAYS — ALONG CAVING BANKS. 

(Acts 1909, p. 72, Sec. 7679.) 

274. Procedure to make change. Any public highway located on 
the banks of a stream, which by washing or caving renders it unsafe 
or inconvenient for travel, or in case of a highway using the bed of 
a stream, otherwise than crossing such, as a highway, it shall be the 
duty of the road supervisor of such road district to give notice to the 
owner to remove his fence back from the stream a distance to admit 
of the opening and construction of a road, not less than 40 feet. The 
owner failing to comply, it devolves upon the supervisor to call out 
liable hands, and remove the fence, with the least possible damage to 
the owner. 

Should a house stand so near the water course as not to have suffi- 



91 Board of County Commissioners. §275 

cient space left for such road, the supervisor is then authorized to 
open the highway in rear of such house. 

(Acts 1911, p. 150, Sec. 7680.) 
275. Rights of laQdowner — Ai)peal to Board. The amendment of 
1911, (Acts 1911, p. 150) requires the road supervisor before remov- 
ing such fence to stake out the cliange, as he desires, to make the road, 
and give written notice to tlie owner or his agent at least fifteen days 
before he changes the highway. During such time the owner or agent 
may file his claim for damage occasioned by such change, with the 
county auditor. Such proposed change is thereby suspended until the 
damage has been settled with such claimant. 

If there be no claim filed within such period, such change shall 
proceed, the owner however, having the right to file his claim with the 
Board, for damage, within two years. 

(Acts 1911, p. 150, Sec. 7680.) 
. 276. View of, ordered by Board. In either case, before or after, 
when such claim has been filed by the owner, the Board shall appoint 
two freeholders to view the premises, and to assess amount of damage, 
if any, by reason of the appropriation and removal of fence. 

(Acts 1911, p. 151, Sec. 7681.) 

277. Duty of viewer. How damages paid. The viewers, after taking 
an official oath, and assessing damages, shall report same to the Board, 
which may be allowed from the county treasury. If deemed too great, 
the Board may appoint reviewers who shall proceed in like manner and 
assess such damages and report to the Board. The Board shall order 
such assessment to be paid from the county treasury. 

If claimant feels aggrieved by such assessment he may demand a 
review, when the Board shall appoint re-reviewers who in a like man- 
ner as before shall reassess damages, and if not for a greater sum than 
the first assessment, such claimant shall pay the cost of such last re- 
view. 

The provisions apply to all proceedings heretofore had in the 
case that change in the highway has not been made. 

HIGHWAYS — CHANGE. 

(Acts 1905, p. 521, Sec. 7665.) 

278. Procedure in change. The Board may order a change of a 
road, heretofore located, running through the land of the petitioner, 
or on the lands of another person consenting to same. 

Every such petitioner shall give notice of the pendency of his peti- 
tion for such change by posting written or printed notices, twenty 
days before the first day of the term in which the petition is to be pre- 
sented, in three public places in the vicinity of the proposed change. 

(Acts 1905, p. 521, Sec. 7666.) 

279. Duties of viewers, in change. The Board being satisfied that 
the petition has been filed and proof of the notice of posting has been 



§280 Board of County Commissioners. 92 

made, shall, as in other petitions, appoint three freeholders to act as 
viewers who shall report at the ensuing term of the Board, whether or 
not the public will be materially injured by such proposed change. 

(Acts 1905, p. 521, Sec. 7667.) 

280. When reviewers appointed. Upon filing of the report, and 
before action is taken thereon, if the report of the viewers is favorable, 
any freeholder may remonstrate, stating reasons therefor, why change 
should not be made, when an issue may be made thereon, which shall 
be tried by the Board, as other issues of fact are tried. 

Upon the Board finding that the public will not be materially in- 
jured by such proposed change it shall make an order granting the 
petition, and upon satisfactory proof, then or thereafter, that the new 
road has been opened and made equally convenient for travelers, the 
Board shall order the old road to be vacated. 

All costs are to be paid by petitioner. When the finding is made 
against the remonstrant he shall pay all costs caused by his remon- 
strance, 

(Section 7668.) 

281. Compensation. For compensation to viewers, reviewers, sur- 
veyor, chainmen and axnian arising from the location, change or vaca- 
tion, see "Fees and Salaries, 1913." 

(Acts 1913, p. 233, Sec. 9852a.) 

282. Employment of prison convicts. Under this act authority is 
given Boards and township trustees to contract with the trustees of the 
Indiana reformatory, and the board of control of the Indiana state 
prison to work the inmates upon the highways of their counties or 
townships, and make provisions for their care, custody and safety; the 
consent of the council or advisory board, as the case may be, being 
obtained. 

HIGHWAYS — LOCATION. 

(Acts 1907, p. 443, Sec. 7649.) 

283. Procedure before Board — Location of. There are three proc- 
esses relating to highways of which the Board has a full jurisdiction, 
viz.: the location of a new highway, the change in a highway, or the 
vacation of one which is already established. When one of these lying 
wholly within the county is desired and is petitioned for, the Board 
must be satisfied that the petition is signed by at least 12 freeholders 
of the county, six of whom must reside in the immediate neighborhood 
of the proposed location, change or vacation; that the petition has 
been properly filed with the auditor; that notice had been given for 
two successive weeks in some newspaper printed in the county, or 
that notices had been posted, of the pendency of such petition, in three 
of the most public places in the neighborhood of such highway for at 
least twenty days before the meeting of the Board at which such peti- 
tion is to be heard. 



93 Board of County Commissioners. §284 

284. Aijpomtinent of viewers — Qualifications — Re-location. In the 

event that the notice is given by posting, it devolves upon the auditor 
to mail a copy of the notice to the postofRce address, if known, to 
each landowner affected by such proceedings, as disclosed by the peti- 
tion, at least 2 days before the day of hearing. 

The Board being satisfied, it shall then appoint three freeholders 
of the county to view such highway. 

The publication, posting and mailing shall be by and over the name 
of the auditor, and he need not notify any petitioner, 

(Acts 1913, p. 679, Sec. 7650.) 

285. Jiu^sdiction of Board within cori)orate limits — Duty of view- 
ers. The viewers are notified of their appointment by the sheriff upon 
precipe issued by the auditor, showing the nature of such view, and 
object of their meeting. The viewers JDeing qualified shall proceed to 
view such highway and if the object is found to be of public utility, 
shall, if a new highway or a change in an old one, proceed to lay out 

.and mark the road on the best ground, not running through any 
person's enclosure of one year's standing without the owner's consent, 
unless upon examination a good way cannot otherwise be had without 
essentially departing from the route petitioned for; also when the line 
runs along a line dividing land of two parties one-half of the road 
shall be laid out on each side. 

The Board has jurisdiction over lands and lots within the limits 
of a town or city when such proposed location, change or vacation is 
to be on the corporation line of sucli town or city. 

When crossing such corporation line and entering a city or town, 
to terminate such road with a street or avenue, the Board must pro- 
cure the consent of board of public w^orks, the city council or town 
board, to locate such road on unplatted or unimproved lands. 

(Acts 1905, p. 521, Sec. 7651.) 

286. Report of viewers. The viewers are required to report their 
doings at the ensuing session of the Board. The report should include 
a full description of the location, or change, giving course, distance, 
width, metes and bounds; in a vacation, a sufficient description to desig- 
nate it shall only be required. 

In case an order of the Board for a vacation of a highway is made, 
the auditor shall transmit copy of such order to the trustees where 
such highway is situated. The trustee shall then notify his road 
supervisors of such order of vacation. 

(Acts 1905, p. 521, Sec. 7652.) 

287. Duties of Boards — Notice to township trustee. Should there 
be no objections made to the proposed highway, vacation or change, 
the Board shall cause a record made of same. In case of a location 
or change the Board shall order the road to be opened and kept in 
repair. Such order is made to the trustee of the township in w^hich 
such location or change is made, who shall enter same at length on 
the township record book, and follow with notice to his supervisors 
to work the same. 



§288 Board of County Commissioners. 94 

(Section 7653.) 

288. Right of lando^^Tiers to remonstrate. If any person through 
whose land such highway, or change may pass shall feel aggrieved 
thereby, he may, before the final action of the Board, set forth such 
grievance by way of a remonstrance under oath, stating the sum that 
he is damaged. 

The Board shall then order a review and appoint three disinterested 
freeholders, assigning a day and place to meet to make such review. 

(Acts 1905, p. 521, Sec. 7654.) 

289. Duties of reviewers — Damages. The reviewers shall meet at 
the designated time and place and there take an oath faithfully to do 
the duties assigned, and may then, or on adjournment to a later day, 
prior to the next session of the Board, proceed to review the proposed 
highway and assess the damages, if any, which may be sustained by the 
remonstrator by the location, change or vacation, and shall report at 
ensuing term of the Board. 

(Acts 1905, p. 521, Sec. 7656.) 

290. WTien damages are paid, liighway to be opened — Costs. If 

the majority report of the reviewers shows damages to the remon- 
strator, and the road is considered by the Board of sufficient impor- 
tance to the public, the Board shall order the costs and damages to 
be paid out of the county fund, otherwise such shall be paid by the 
petitioners. 

If the majority report of the reviewers is against the claim of the 
remonstrator, he shall then pay the costs. 

Upon payment of such damages, such highway shall be recorded, 
and ordered to be opened and kept in repair. 

(Acts 1905, p. 521 Sec. 7656.) 

291. Uni'easonable damages — Powers of Board. If it shall appear 
that the damages assessed are unreasonable, the Board may set aside 
such assessment and order another review, regulated same as the first 
review. 

(Acts 1905, p. 521, Sec. 7657.) 

292. Pi'ocedui'e upon remonstrances — Anotiier review. If any 
resident freeholder shall remonstrate against such proposed highway, 
before final action is taken by the Board, as not being of public utility, 
other reviewers may be appointed, who shall proceed as before out- 
lined, and make report at the ensuing session of the Board, whether 
or not it will be of public utility. 

A remonstrance for damages and for want of public utility may 
be filed at the same time and be referred to the same reviewers who 
shall be required to report on both phases of remonstrance. 

(Acts 1905, p. 521, Sec. 7658.) 
293. Appeal to circuit court — Cost of revieAv. If reviewers make 
majority report against the public utility, the petition shall be dis- 
missed by the Board; hut if the report is favorable thereto, the re- 



95 Board of County Commissioners. §294 

monstrator shall pay the cost of the review, and the highway shall 
be recorded and ordered to be opened and kept in repair. 

An appeal to the circuit court lies either from dismissal of the 
petition or the establishment of the highway, the appellant filing a 
sufficient bond. 

(Acts 1913, p. 11, Sec. 7659.) 

294. Damages must be paid within ninety days — Vacation of order. 
No such highway shall be opened, worked or used, until the damages 
assessed therefor shall be paid to the persons entitled thereto, or de- 
posited in the county treasury for their use, or until such persons shall 
give their consent thereto in writing, filed with the auditor of the 
county: Provided, That if such damages are not so paid or deposited, 
or such consent given and filed within ninety (90) days after the filing 
of the report allowing such damages, the proceedings for the opening, 
or change of such highway shall be deemed to be vacated and of no 
force or effect whatsoever: Provided, further, That if such proceed- 
ing be appealed, the dam.ages, if any, allowed on such appeal shall be 
•so paid or deposited, or such consent given and filed within ninety (90) 

days after the disposition of such appeal, and if not done in such time, 
such proceeding shall likewise be deemed to be vacated and of no force 
or effect whatsoever: Provided, That in cases where damages have 
heretofore been assessed the same shall be paid within ninety days 
from the time this act takes effect. 

(Acts 1907, p. 443, Sec. 7660.) 

295. Bond required on renewed petition — Prohibition. The Board 
is prohibited from acting upon a second or subsequent petition for 
location, change or vacation of the highway, which, on the first peti- 
tion, the viewers reported not of public utility, unless the petitioners 
shall pay the costs of the former view and review, and shall file with 
the auditor an approved bond to pay all costs of the subsequent peti- 
tion, in case of a like report of a want of public utility. 

lActs 1905, p. 521, Sec. 7661.) 
296a, Qualification of viewer — Relationship. No person owning 
lands along any highway proposed to be located, changed or vacated, 
or who is related within the sixth degree of consanguinity, to persons 
owning lands along such proposed highway, is competent to act as a 
viewer or reviewer. 

(Acts 1905, p. 521, Sec. 7662.) 
29(>b. When fences shall be removed on new road. Whenever any 
public highway has been laid out through any enclosed land, upon no- 
tice in writing from the supervisor, such occupant or owner shall not 
be compelled to remove his fences till the expiration of sixty days, 
but not at any time between the first days of April and November shall 
he be compelled so to remove them. 

If not done pursuant to such notice, the supervisor shall cause 
them to be removed at the owner's expense, and suit may be brought 
before any competent justice of the peace in the name of the township 
trustee, to recover the cost of such removal. 



§297 Board of County Commissioners. 96 

(Acts 1905, p. 521, Sec. 7663.) 

297. Width of roads—Must be recorded. New roads must not be 
laid out less than thirty feet in width. Roads of twenty years stand- 
ing shall remain of original width, until changed by law, and when 
not sufficiently described the Board shall have power, upon petition 
filed by one or more resident freeholders, and a proper posting of such 
petition, to ascertain, describe and record its width at not less than 
thirty feet. Where any road is located on line dividing farms of dif- 
ferent owners one-half shall be taken from each owner. 

Note: Reference is made to Sees. 330 and 331, this book, 
concerning the legislative acts for width of roads. 

(Acts 1905, p. 521, Sec. 7664.) 

298. Highways ordered and non-used for six years. Every public 
highway now, or hereafter, laid out which shall not be opened and 
used for a term of six years, shall cease to be a highway for any pur- 
pose, but if any distinct portion of such highway shall have been opened 
and used within six years, such portion shall not be affected by these 
provisions. 

HIGHWAYS — PROHIBITIONS. 

(Acts 1907, p. 445, Sec. 2313.) 

299. Penalty- — Use of gravel roads in wet weather and thaw. Dur- 
ing wet weather and during a thaw, heavy hauling is prohibited by 
statute on any turnpike, macadam or gravel road, with the following 
limits, with a combined load: 

Tires 3 to 4 in. wide, 3,000 lbs.; 
Tires 4 to 5 in. wide, 3,500 lbs.; 
Tires 5 in. or over 3,800 lbs. 

The act defines a gravel road to include any road graveled with a 
yard of gravel to 8 feet wide and 9 feet in length of such road. 

Supervisors have police powers in such matters, and a fine of $5 
to $50 is assessed on conviction, and a fee of $2 to party making the 
arrest. 

Acts 1905, p. 584, Sec. 2314.) 

300. Regulation concerning friction locks. Boards may by an order 
require every person hauling loads with wagons on the public high- 
ways, turnpikes, gravel or macadamized roads, to have a friction lock 
on the wagon, to prevent a dead lock when necessary to lock same. 

A violation of such order, when made, subjects the person to a fine 
not to exceed $2 0, on conviction thereof. 

(Acts 1905, p. 584, Sec. 2435.) 

301. Penalty — Failiu'e of person having official supervision. Any 

person having official supervision of roads in any district, who fails 
to keep the ways and bridges in as good repair as the available labor 
and other means will enable him to do, or fails in any other required 
duty, shall on conviction be fined $5 to $100. 



97 Board of County Commissioners. §302 

HIGHWAYS — GRAVEL ROADS BY ASSESSMENT. 

(Acts 1905, p. 521, Sec. 7694.) 

302. Procedure before Board — Requirement — VieAvers and Engi- 
neer, Upon petition of majority of resident land owners, representing 
a majority of acres of land lying within one mile of the improvement 
prayed for, viz.: laying out, constructing, improving by straightening, 
grading, paving, draining, graveling or macadamizing any public high- 
way or part thereof; such board, if it shall be satisfied that due notice 
of application has been given by publication three (3) weeks successive- 
ly in a newspaper of general circulation published in the county, the 
last of which publication shall have been at least ten (10) days before 
the meeting of the board at which such petition is to be presented, or 
by posting up notices in three of the most public places in the neigh- 
borhood of such highway at least ten (10) days before such meeting 
of the board, shall appoint three (3) disinterested freeholders of the 
county as viewers, and a competent surveyor, or engineer, to proceed, 

.upon a day to be named by the commissioners, or any other day to 
which a majority may adjourn prior to the next session of such Board, 
to examine, view, lay out or straighten such highway as in their judg- 
ment public utility or convenience may require; and the county audi- 
tor of the county shall notify said viewers and surveyor of the time 
and place of their meeting, and they shall meet accordingly, and after 
taking an oath or affirmation faithfully and impartially to discharge 
the duties of their appointment, respectively, shall determine what 
lands will be benefited or damaged by the proposed improvements, 
and shall take to their assistance two suitable persons as chain carriers, 
and one marker; and if the said viewers find that such improvement 
will be of public utility or convenience, and that the costs and expenses 
thereof and damages caused thereby will be less than the benefits to 
the lands within two miles of the improvements, excepting such lands 
and lots as lie within the limits of any incorporated town or city, they 
shall, upon actual view of all the lands within two miles of the im- 
provement, excepting such as lie within such incorporated town or 
city, apportion the estimated costs, expenses and damages upon all the 
said lands within said two miles that will be benefited, according to 
the benefits to be derived therefrom. They shall assess the damages, 
if any, sustained by any person or persons through whose lands such 
road is proposed to be laid out, straightened or improved. In deter- 
mining said majority, minor heirs shall not be counted for or against 
such improvement unless represented by a legal guardian, and the 
action of such guardian shall be binding upon such minors. 

(Acts 1905, p. 521, Sec. 7695.) 

303. Estimates and rej3ort of viewers and engineer* The viewers, 
and surveyor having performed their prescribed duties shall make 
report to the Board. Such report shall include a showing of the public 
utility of the improvement; an estimate of the cost and expenses, in- 
cluding reasonable attorney fees for the petitioners; the damages, if 
any, assessed to the several tracts of land; the benefit to each 40-acre 

7—4842 



§304 Board of County Commissioners. 98 

tract of land, or less, when existing; and give a description of the work 
proposed. A limitation of two miles from the contemplated improve- 
ment is made for assessments; and no assessment shall obtain to lands 
within incorporated towns and cities. 

When such report has been filed, the auditor shall give newspaper 
publication, within the county for two successive weeks, once each 
week, at least 10 days before such hearing, stating therein the points 
between which the improvement is to be made, and the time that the 
Board set for its hearing of the report. 

(Acts 1905, p. 521, Sec. 7696.) 

304. Duty of Board to give hearing. At the fixed time for the hear- 
ing, the Board shall, if it is found that proper notice has been given, 
that the work is of public utility, and that the benefits exceed the dam- 
ages and expenses, enter its order that the improvement shall be made, 
specifying kind, width and extent of same. 

(Acts 1905, p. 521, Sec: 7697.) 

305. Powers of Board — Hearings — Amendments. The Board has 
power to permit amendments, either to the petition, or to the report; 
to extend time to the viewers to make their report; and to continue 
the hearing from time to time. 

(Acts 1905, p. 521, Sec. 7698.) 
306a. Causes for remonstrance. Owners of lands affected by the 
proposed work may remonstrate against the report for cause, to-wit: 

On or before the day fixed for the hearing of such report the 
owners of any lands affected by the work proposed may remonstrate 
against the report, which remonstrance shall be sworn to, and may be 
for any or all of the following causes: 

First. That the report of the viewers is not according to law, stat- 
ing specifically the illegality claimed; 

Second. That the lands of the party filing the remonstrance are 
not benefited, or are assessed too much as compared with other lands 
assessed as benefited, specifying such lands; 

Third. That the lands of the party filing the remonstrance are 
damaged, and that the damages assessed are inadequate; 

Fourth. That it is not practicable to accomplish the proposed work 
without an expense exceeding the aggregate benefits; 

Fifth. That the proposed work will not be of public utility. 
306b. Consolidation when more than one remonstrance. If more 
than one party remonstrates, the causes shall be consolidated and tried 
together, the report of the viewers being prima facie evidence of the 
facts mentioned therein. The Board shall try the issues thus formed, 
and if Board finds for the remonstrants under the fourth clause, the 
petition shall be dismissed at cost of petitioners, unless donations are 
made and secured to sufficiently make equal the expenses of the work 
and the damages allowed. 

306c. Assessments, become first and paramount liens. If the board 
find for the remonstrants upon the second and third cause of remon- 



99 Board of County Commissioners. §306d 

strance, such board shall modify the assessments and equalize the 
same and assess the damage as justice may require, and thus modified 
and equalized the assessments shall stand and be adjudged valid. The 
only questions that shall be raised shall be those raised by the remon- 
strance. If the assessment upon the lands of any remonstrant is not 
reduced twenty per cent, or the damages claimed by any remonstrant 
are not increased twenty per cent., such remonstrant shall pay all 
costs occasioned by such remonstrance; but if such assessment be 
reduced more than twenty per cent., or the damages be increased more 
than twenty per cent., then the remonstrant shall recover costs and the 
Board shall apportion such costs pro rata upon the lands assessed for 
benefits. Such assessments when confirmed by the board of commis- 
sioners, or higher court on appeal, shall constitute first and paramount 
liens on the real estate respectively assessed, as taxes are liens, which 
liens shall relate back and bind the real estate so assessed from the 
time of the filing of the report. The auditor shall at once enter such 
assessments upon the tax duplicate, to be collected by the county 
treasurer as state and county taxes are collected, with interest at six 
per cent, per annum, (in) installments as hereinafter provided, and 
the moneys collected shall be used exclusively in payment of the bonds, 
costs and expenses of such work, as hereinafter provided. 

(Acts 1905, p. 521, Sec. 7699.) 

306cl. Aijpointnient of superintendent. When the improvement has 
been ordered, the Board shall appoint a superintendent of construction, 
who shall file bond to be approved by the Board in double the amount 
of the assessments, and take an oath or affirmation, honestly and faith- 
fully to discharge his duties. 

(Acts 1905, p. 521, Sec. 7700.) 

306e. Powers and duties of superintendent. The act covers the 
duties of the superintendent of construction, who is charged with the 
execution of the work; the lettting of contracts for its construction 
as a whole, or in parts; giving newspaper notice of the letting of bids; 
the receipt of proposals, with accompanying bonds to be approved by 
the Board; and other requirements relative to the construction of the 
proposed improvement. 

(Acts 1905, p. 521, Sec. 7701.) 

306f. Duties of superintendent — Issue of Bonds. As soon as the 
contracts have been let for the construction of the improvement, the 
superintendent shall make the assessments upon all lands benefited, 
ratably upon the benefits which have been confirmed, equal to the 
amount necessary to pay for the work and expenses to accrue, not to 
exceed the amount of whole benefits adjudged upon any one tract. The 
superintendent shall then issue his notice mentioning the establish- 
ment of the improvement by the Board, also setting out such confirmed 
assessments and cause this notice to be recorded in the office of the 
recorder, when such assessment shall be a lien upon such several 
tracts of land. Whenever any such assessment has been paid, it shall 



§306g Board of County Commissioners. 100 

be the duty of such superintendent to enter such satisfaction of the 
lien on the record. In case that bonds are issued, as arranged in the 
act, when requested, it shall then be the duty of the superintendent 
to enter on the margin of the record, the words, "bonds issued", 
which will have the effect to transfer the record of the lien from the 
recorder's office to the gravel road duplicate in the office of the treas- 
urer. 

(Section 7701.) 

306g. General duties of sui)erintendent in construction — Waiver — 
School funds. The act fully prescribes the duties of the superintend- 
ent of construction, as to his collections and payments, penalties for 
non-payment and duties when default is made. 

Gravel road bonds may be issued, if landowners so request within 
30 days from the establishment of the work. This is done on the writ- 
ten request which includes a waiver of objection to any irregularity 
in the proceedings. Such bonds are to be issued payable in ten an- 
nual installments, bearing interest at 6 per cent, per annum, payable 
semi-annually on June 1st and December 1st, and shall be a lien on 
the lands only of persons iiling their written requests, and in no wise 
interfere with or affect the collections on other parcels charged under 
the assessments. 

The Board having ordered an entry of all requests for bonds and 
the waivers, and report of the superintendent, and its approval, the 
Board shall then direct the auditor to prepare his assessment roll, 
or gravel road duplicate, on account of such bonds. 

Such bonds shall be issued in denominations of $100, or any mul- 
tiple thereof, except that one bond may be less than $100. 

Any landowner desiring to relieve his land of the lien thus made, 
may at any time pay off the total of unpaid installments together with 
all interest due thereon. The treasurer's endorsement of such payment 
on the duplicate acts as a release of such lien. 

The bonds when issued shall be signed by the members of the 
Board and attested by the auditor, and shall be dated from date of 
letting the contract and shall show on their face the purposes of 
their issue. When thus completed the bonds shall be turned over to 
the treasurer, who by newspaper notice and a posted notice at the 
court house door shall after twenty days, on a day named and at the 
hour of 10 o'clock a. m., proceed to sell such bonds at not less than 
the principal sum named in such bonds, for cash to the highest and 
best bidder. In lieu of such sale the Board may order that the bonds 
be exchanged at par for any unlqaned funds, school or other fund. In 
case such bonds shall sell at a premium, such amount shall be appor- 
tioned, ratably to each parcel and be applied to the first maturing in- 
stallment. 

(Acts 1905, p. 521, Sec. 7702.) 

306h. Application of suriilus — Discharge of superintendent. When 

the work of graveling, macadamizing or otherwise improving such 

highway is completed, and the superintendent shall certify the same 

to the auditor, the Board shall receive the improvement, and provide 



101 Board of County Commissioners." §306i 

for keeping such road in repair. Within sixty days therefrom the su- 
perintendent shall make a report of all receipts and disbursements, 
surrendering all vouchers to the Board for their approval or rejection. 
The superintendent shall within ninety days distribute the surplus 
funds, if any, to persons from whom such were received, taking vouch- 
ers for same and turning them in to the Board. 

When the Board has approved the report of the superintendent, he 
shall then be discharged. 

If by any reason any further surplus funds remain in the hands of 
the superintendent, it shall be paid into the treasury by him and 
credited to the gravel road fund. 

(Section 7702.) 
3061. Duties of auditoi— Satisfaction of lien. Whenever the owner 
of any tract of land pays off the assessments charged against it, it be- 
comes the duty of the auditor to officially release and satisfy the assess- 
ment lien upon the record where such appears. 

(Acts 1905, p. 521, Sec. 7704.) 
806 j. Appeal to circuit Court. Any person who appeared before the 
Board as a remonstrant shall be allowed an appeal to the circuit court. 

(Acts 1905, p. 521, Sec. 7705.) 
306k. Advantage of eiror — Not permitted. No person shall be per- 
mitted to take advantage of any error, informality, or defect in the 
proceedings, or work, unless the complaining person is affected thereby. 

(Acts 1905, p. 521, Sec. 7706.) 
3061. When city or town levies tax for. When any highway is to be 
improved, binder the provisions of this act, which terminates in any 
city or town, the corporate authorities, of such city or town, may on 
an agreement with the Board levy a tax for the payment of an amount 
not exceeding one-fifth of the entire cost of the improvement, in addi- 
tion to any assessment on the real estate already and otherwise pro- 
vided for; conditioned, that the entire road tax in such corporation, in 
any one year shall not exceed 5 cents on the $100. 

(Acts 1905, p. 521, Sec. 7707.) 
306ni. When extension into adjoining county. When it may be de- 
sirable to extend any highway improvement into or through an adjoin- 
ing county, the same proceedings, in all things, shall be had in such 
county, as have had mention in relation to one county. 

HIGHWAYS — ONE 3IILE OR LESS. 

(Acts 1913, p. 861, Sec. 7708.) 
307. Highways one mile or less — Maintenance — County system. 

Whenever there shall be constructed in any county of this state any 
public gravel road or turnpike not less than one-half (J) mile in length, 
except where the entire length of the road is less than one-half (J) 



§308a BoAED OF County Commissioners. 102 

mile, and connected with any free gravel road or terminating at any 
town or city, the same having a substantially graded roadbed not less 
than twenty (20) feet wide, with suitable side drains, culverts and 
bridges, and with grades not exceeding the maximum of free gravel or 
turnpike roads of such county, and having placed thereon not less than 
one (1) yard of suitable gravel or broken stone for every three (3) 
feet in length in such manner as to make a suitable road for public 
travel, then on the written request to the Board of Commissioners for 
such county, of not less than three (3) freeholders residing in the road 
district wherein such road is situated, said Board of Commissioners 
shall make inspection thereof, and for such purpose may employ a 
competent engineer to assist them. If upon such examination such 
road in their opinion is of public utility, and shall conform to the re- 
quirements herein, they shall cause an entry to be made on their rec- 
ords of such facts, and also enter thereon a description of the com- 
mencement and terminus thereof, and general description of the route 
of the same, and thereafter such road shall be deemed a part of the 
free gravel or turnpike roads of such county, and maintained as by law 
provided. 

HIGHWAYS — COUNTY LINE. 

(Acts 1905, p. 521, Sec. 7709.) 
308a. Procedure when on county line. When it is desirable to make 
any gravel or other highway improvement upon the boundary line 
between two counties, such as contemplated in this act, ihe petition 
therefor shall be filed with the Board of one county, when the auditor 
shall be instructed to transmit to the Board of the other county a copy 
of such petition, and a notice of the time and place of a joint meeting 
of the Boards of both counties to act upon same. A day not less than 
twenty nor more than thirty days therefrom shall be named. 

(Acts 1905, p. 521, Sec. 7709.) 
308b. Boards of each county to join in proceedings — Powers of first 
Board. The two Boards shall act together in all matters relating to 
the improvement, and the same proceedings shall be had in all the pro- 
visions of the act as near as may be. 

Should the second county refuse or fail to act, the first county may 
proceed to make the improvement, and has power to make all assess- 
ments on lands within two miles on each side of such line, as if they 
were wholly within one county. 

(Section 7709.) 
308c. When constructed on state line — Procedure. When it is de- 
sirable to improve a highA\ ay on a boundary line between this state and 
an adjoining state, upon petition, the Board of the county in this state 
is empowered to unite with the proper authorities in the adjoining state, 
in accordance with, as far as may be, the proceedings authorized as 
between two counties. 

The foreign county shall be required to pay one-half of such im- 
provement, construction and expenses, and shall thereafter keep one- 



103 Board of County Commissioners. §308d 

half of such road in repair, according to tlie laws of this state, so far 
as practicable. 

(Acts 1905, p. 541, Sec. 7710.) 
308d. All such roads to be free from toll. All roads constructed un- 
der this act shall be free from toll. 

Nothing in this act shall in any wise interfere with township trus- 
tees in making gravel roads and paying for the same out of their town- 
ship road funds. 

HIGHWAYS — CiRAVEIi ROADS BY TAXATION. 

(Acts 1915, p. 680, amending Sec. 7711a.) 
309a. Procedure before Board by petitioner — Jui'isdiction. Boards 
are authorized and empowered to lay out, establish and cause to be 
graded, drained and paved with stone, gravel, brick or combination 
thereof or other road-paving material, any new highway or part of a 
highway in any township or townships in the county; or to straighten, 
grade, drain and improve in like manner any highway already estab- 
lished within any two or more townships within the county, under the 
following conditions: 

That where any such improvements are made of highways extend- 
ing into or through two or more townships, the Board in its order 
establishing such improvements, shall fix the proportion, or part of the 
cost of the improvement, that each of the affected townships, shall pay 
and be assessable with, according to the amount estimated for the im- 
provement to be made in such township, so that such payment will be 
made in the proportion fixed by the Board. Provided, That the rebuild- 
ing of free gravel or macadam highways shall be done in the same 
manner as the building or improvements of highways: and Provided, 
further. That all petitions for rebuilding of such roads begun under 
an act entitled, "An act to amend section sixty-two (62) of an act 
entitled, 'An act concerning highways,' approved March 8, 1905, and 
declaring an emergency," approved March 15, 1913, are hereby vali- 
dated and continued the same as if the same had been filed under the 
provisions of this act: Provided, That nothing in this act shall affect 
or apply to any pending litigation. 

(Section 7711a.) 
309b. liegalization of bonds under act of 1905. Former proceed- 
ings of the Board, under the act of 190 5 and amendments thereto, 
where the proportions had been fixed; where contracts had been let 
and bonds issued, their sale and all matters therewith connected are 
legalized, by the amendment of 1913, page 915. 

(Acts 1915; p. 618, amending Sec. 7712.) 
310a. Requirements as to the petition. Whenever a petition signed 
by 50 or more freeholders and voters of any township of any county in 
this state praying that any public highway or highways within such 
township shall be laid out, established and improved by grading, drain- 
ing and paving with stone, gravel, or other road paving material, in- 



§3 10b Board of Coukty Commissioners. 104 

eluding brick, or that any public highv/ay or highways already estab- 
lished shall be graded, drained or paved with stone, gravel or other 
road paving material, including brick; or by 50 or more freehold 
voters of two or more townships in such county praying that such 
public highway shall be laid out, graded, drained and paved on a line 
dividing such townships, or that a highway on such line shall be 
graded, drained and paved, shall be addressed to the Board of Commis- 
sioners of the county in which such township or townships are located 
and filed in the office of the auditor of such county, it shall be the duty 
of such auditor to cause to be published in a weekly newspaper of gen- 
eral circulation printed and published in such county, and to be posted 
in not less than three public places within each of the townships named 
in such petition, and at the door of the court house of such county a 
notice setting forth the township in which the same is located, a 
description of the highway proposed to be improved, the term of court 
and the day upon which the same will be presented for hearing before 
said Board of Commissioners: Provided, That in any township in this 
state in which there are not to exceed 10 freehold voters, then upon a 
petition of a majority of the freehold voters of any such township to 
the Board of county commissioners for the improvement of any road 
or roads, as required by 50 freehold voters, as in this act provided, then 
this act shall apply in all such cases, and the Board of County Commis- 
sioners shall proceed under such petition and notice according to the 
provisions of this act, the same as if upon the petition of 50 freehold 
voters, as in this act provided. 

(Acts 1905, p. 521, Sec. 7713.) 
31 Ob. Other necessary requirenients to complete petition. The peti- 
tion for a free gravel road, by taxation, must set forth the beginning, 
course, and termination of each highway sought to be laid out and 
improved, the beginning and termination and a general description of 
each public highway to be graded, drained and paved, together with a 
recommendation of the width of each such highway; and the petition 
may include one or more of such highways at the option of the peti- 
tioners. 

(Acts 1905, p. 521, Sec. 7714.) 
310c. Duties of auditor. Upon the filing of a petition for a free 
gravel road, the auditor shall fix, by his endorsement on same, a day, 
not more than 30 days thereafter, when the petition shall be presented 
to such Board, and the notice prescribed in the act shall be signed by 
the auditor. It shall be published two consecutive weeks in a news- 
paper, and posted not less than 15 days before the day designated by 
the auditor. 

' (Acts 1905, p. 521, Sec. 7715.) 
310d. Hearing — Proof — Engineer — -Viewers. On the day so desig- 
nated, by such auditor, the petitioners may make proof of the publica- 
tion and posting of such notices and present such petition to such 
Board of Commissioners, and any taxpayer of any township named 
in such petition, or of any person or corporation whose lands 



105 Board of County Commissioners. §310e 

or property will be affected by the work therein prayed for, may 
file in writing his objections to the form or sufficiency of such petition, 
and in the event that such Board shall deem such petition to be defi- 
cient in form, or insufficient in substance, the petitioners shall be per- 
mitted to amend the same, but if such petition be not amended in such 
manner as to be in due form and sufficient, it shall be dismissed at the 
cost of the petitioners. If on the other hand such petition shall be 
adjudged by the Board to be in due form and sufficient either in the 
first instance or after the same has been amended, such Board of Com- 
missioners shall make an order causing such petition to be spread of 
record and referring the matter therein prayed for to a competent civil 
engineer to be appointed by such Board and two viewers, each of whom 
shall be a responsible freeholder and voter of such county, and not a 
resident of, nor the owner of taxable property in any township named 
in such petition. 

Note: Under this act of 1911, at page 18 5, it is required 
that the county surveyor, if he be a competent civil engineer, 
shall have charge of all surveying and engineering work of his 
county. 

(Acts 1905, p. 521, Sec. 7716.) 
310e. Meeting of viewers and engineer. The viewers and engineer 
shall meet at the time and place designated by the Board, and each shall 
take an oath faithfully and impartially to discharge his duties. 

Note: Under the provisions of act of 1913, at page 69 
(Sec. 9510a Burns R. S.), the surveyor is required to give a 
general bond of not less than $5,00 0, which covers all duties 
to be performed by him. 

(Acts 1905, p. 521, Sec. 7717.) 
310f. Determinations to be made by viewers and engineer — Report. 

The viewers and engineer, having been duly qualified, shall promptly 
proceed to make all needful surveys of the road, or roads, mentioned 
in the petition, and shall determine: 

(a) Whether or not the proposed new highway, as described in the 
petition will be of public utility; 

(b) Whether or not it will be of public utility to grade, drain and 
pave such highway prayed for; 

(c) The width of each proposed highway; 

(d) The character of the improvement, including grading, drain- 
ing and paving of each highway determined to be of public utility; 
with complete plans and specifications of each improvement, and of all 
bridges; culverts and waterways required therein; 

(e) The estimated cost of the improvement. 

And on a day designated by the Board in its order appointing the 
engineer and viewers, unless an extension of time has been granted, 
they shall file their written report in the office of the auditor, setting 
forth their determination as to each proposed improvement petitioned 
for, including an accurate description of each new highway to be laid 
out, established, graded, drained and paved, together with recommenda- 
tions as to paving materials to be used in each instance. 



§310g BoAED OF County Commissioners. 106 

Complete plans and specifications are required to accompany such 
report and an estimate of the cost of each improvement as well as an 
accurate profile of each highway, to be made by the engineer, exhibit- 
ing all cuts and fills, per each 100 feet. 

(Acts 1905, p. 521, Sec. 7718.) 
SlOg. How assessments shall be made by viewers and engineer. 

The report and the engineer's profile shall remain in the auditor's 
office open to inspection for at least ten days; during which time the 
viewers shall assess such damages as shall be justly due any infant, 
idiot or person of unsound mind, and to any person or corporation fil- 
ing a written claim for damages on account of appropriation of or in- 
jury to his land by reason of laying out such highway. 

After the expiration of such ten days and at the next meeting of the 
Board, the viewers shall make their supplemental report to the Board, 
setting forth the damages allowed on above account, and give a de- 
scription of the property in * each case for which such damages are 
allowed. 

The act prohibits an allowance to any person after the filing of this 
supplemental report. 

(Section 7718.) 
310h. Requirements relative to infants, idiots and insane persons — 
Costs. Objections in writing, at such session, may be made by guard- 
ians of infants, idiots and unsound-minded persons, to the allowances 
made them by the viewers, whereupon the Board shall appoint three 
other viewers, who after being qualified, shall examine the lands or 
property claimed to be damaged, and assess such damages as to them 
is deemed just and reasonable, and make report of their doings in writ- 
ing to the Board. A full record, in all matters, shall be made, and in 
the event of the construction of such improvement, such damages shall 
be paid from the proceeds of the sale of the bonds, provided for in the 
act. 

In case the damages fixed by the second view does not exceed the 
first award by 10 per cent., the costs of such review shall be paid by 
the claimants. 

(Acts 1915, p. 646, amending Sec. 7719.) 
310i. Proceedings under the '*three mile" act — Election. The sec- 
tion. No. 7 0, Act 1905, p. 521, generally known as the "Three-mile 
act," was amended in 1907 page 68; 1909, p. 353; 1913, at page 419, 
and 1915 at page 646. 

This section, as amended, provides that when all matters relating to 
damages have been finally determined, the Board shall examine the 
reports of the viewers and the engineer's profile and may either approve 
said report or may adopt such modifications and amendments to such 
report as said Board may deem necessary and proper, and said Board 
may require the services of the engineer and viewers in fixing and 
adopting such modifications and amendments, and when such report 
shall have been accepted and approved or modified and amended by 
said court and if found and adjudged to be in due form and sufficient, 



107 Board of County Commissioners. §310j 

the Board shall then direct the auditor to give his three consecutive 
weeks' local newspaper notice that on a day to be fixed by the Board 
the polls will be opened at the precincts of such township, for purpose 
of holding an election, to determine whether or not the free gravel 
roads petitioned for shall be constructed. The published notice shall 
contain the report of the viewers and engineer, excepting plats and 
profiles. 

(Section 7719.) 
310j. Powers of Board — Without election — "Thiee-inile." The act 
provides and authorizes the Board, under certain conditions, where the 
petitioned road is three miles or less in length, if it is found that the 
petition fully conforms to the act, to establish and order the construc- 
tion of said road without submitting the question of building the same 
to an election. 

31()k. Tax-i>ayer's right of appeal — Reiiionstrance — Conditions. 
These conditions, above mentioned, of the "Three-mile" highways are 
as follows: 

1st. Connecting at each end with an improved free gravel or ma- 
cadamized road, either within said township or townships, or at the 
boundaries thereof; 

2d. Connecting a free gravel or macadamized road with a boundary 
of said township; 

3d. Connecting an improved free gravel or macadamized road with 
the boundary line of any incorporated city or town in the same town- 
ship ; 

4th. Connecting the boundary line of any incorporated city or town 
with the boundary line of the township in which said incorporated city 
or town is situated: 

Provided, That if within 20 days after the day set for hearing, 
there shall be filed with the Board a remonstrance, signed by a greater 
number of freeholders and voters of such township than appear on the 
petition asking for such highway, then the petition shall be dismissed 
by the Board at the cost of the petitioners. 

But if there is no such remonstrance filed, the Board shall proceed 
Mdth such construction, as if an election had been held and voted in its 
favor. 

A person signing both the petition and the remonstrance shall not 
be counted. 

Any taxpayer of the county, aggrieved by the action of the Board 
may within ten days appeal, filing an approved bond for costs, to the 
circuit court, where it shall be tried as anew. 

(Acts 1905, p. 521, Sec. 7720.) 
3101. HoAv elections are to be held. The election ordered shall be 
held on the day fixed by the Board, and shall be governed in all re- 
spects by the laws of the state relating to general elections. 

The Board shall appoint two election commissioners, who with the 
auditor shall prepare the ballots, "For the road" and "Against the 
road," the form being outlined in the act. 



§310m Board of County Commissioners. 108 

If a majority of the votes cast at such election be found in favor of 
the establishment and improvement of the proposed road, the Board 
shall make an order for the establishment of same, in line with the 
terms of the report, plans, specifications and profile. 

(Acts 1915, p. 644, amending Sec. 7721.) 
31 Om. Issuance of bonds— Municipal authorities — More than one 
road. If all the roads described in report of the engineer and viewers 
are connected with each other so as to form one system, the whole may 
be voted on as if one road, if petitioners so pray in their petition. 

If there are two or more petitions respecting roads, in same town- 
ship, pending at the same time, they shall be voted on at the same 
election. No improvement of any street in any incorporated city or 
town shall be made under the provisions of this act, where the whole of 
said improvement lies within the corporate limits of any said city or 
town. 

(Section 7 721.) 
31 On. Common council's jui'isdiction — Issuance of bonds. Should 
any street of any town or city be improved under the provisions of this 
act, and the expense per mile of same is greater than the average ex- 
pense of that part outside of the limits, such town or city must take care 
of such excess and pay such amount, the same being charged against 
the taxing district within such town or city. 

The Board shall issue bonds for the entire cost of the improvement, 
and levy an annual tax to pay the principal and interest thereof, as pro- 
vided by law. 

After such street shall have been improved under this act the trus- 
tees of the town or the common council of the city shall have control 
of the same and maintain the same in repair. 

(Acts 1905, p. 521, Sec. 7722.) 
310o. Procedure in advertising — Indianapolis newsi^aper. When 
the Board has ordered any such highway to be laid out, graded, drained 
and paved, it shall be the duty of the Board to make an order to 
advertise for bidders, requiring the auditor to give one insertion in a 
daily Indianapolis newspaper, and three weeks consecutive notice in a 
local weekly newspaper, and may require similar notices to be posted 
at public places in the township where the roads are to be improved. 

The publication in the Indianapolis daily newspaper must be made 
at least two weeks before the day fixed for letting the contract. 

(Acts 1905, p. 521, Sec. 7723.) 
310p. How proposals to be opened in open meeting — Bond. On the 

advertised day, as named in the notice, the Board shall convene in ses- 
sion and receive sealed proposals and open the same in the presence of 
the bidders, and shall let the contract for the construction of such road 
or improvement to the lowest responsible bidder, but in no case shall a 
contract be let for a bid higher than the estimates made by the viewers. 
Accompanying the proposal, the bidder is required to submit his 
bond in a penal sum of double the sum of his proposal, with good and 



109 Board of County Commissioners. §311 

sufficient sureties, to the approval of the Board, for the faithful per- 
formance of the work according to plans, specifications and the profile. 
If the proposal covers more than one highway, one bond for the whole 
will be sufficient. 

Note: Reference is made to Sec. 5896a-c Burns R. S., Sees. 
430a-c this book, concerning public contracts. 

(Acts 1913, p. 648, Sec. 7724.) 

311. Procedure of Boaid in new lettings — Without remonstrance — 
Cities, towns less than 30,000. Whenever in townships, including towns 
or cities, of less than 30,000 population, whether pursuant to an elec- 
tion or otherwise, upon petition of freeholders, the Board has ordered 
the establishment or the improvement of any highway, and after due 
publication has receiv^ed no bids, and upon investigation it is found that 
the cause thereof is that the estimates of the viewers and engineer is 
less than the cost of procuring the same to be constructed, then the 
Board may appoint an engineer and two viewers, having statutory 
qualifications, to prepare a new estimate, and report same to the Board. 
If the Board approves the report, it shall be placed on record, and two 
weeks' newspaper notice of the new estimate and amount thereof, shall 
be published. If within twenty days thereafter a remonstrance is filed 
with the auditor, signed by a majority of the legal voters of the town- 
ship interested, the said proceedings shall end. Otherwise, if no re- 
monstrance is filed, the new estimate shall stand and shall be taken 
and considered to be a part of the original report of the engineer and 
viewers of such road. The Board shall then proceed to advertise and 
let the contract for construction of the roads according to law. 

(Acts 1907, p. 572, Sec. 7725.) 

312. Proceeds of bond sale to be kei3t separate — Bonds, how sold. 

For the purpose of raising money to pay for the construction, the 
Board shall issue the bonds of the county, not to exceed in amount the 
contract price and all the expenses incurred and damages allowed prior 
to the letting of the contract, and a sum to pay the per diem of the 
engineer and superintendent, hereinafter provided for, during the con- 
struction of the work. Such bonds shall be in denominations of not 
less than $50 each, and in 40 equal series; payable in 20 years in 40 
installments, equally, and successively every six months. 

Such bonds shall mature either the 15th day of May or the 15th day 
of November, as the case may be. It is provided that if the date of 
issue be prior to the date of annual tax levy, the initial or first bond 
and interest coupons of all bonds shall mature on the 15th of May of 
the next succeeding year; and it is further provided, that if the bonds 
are issued in any year after the general tax levy, then the initial bond 
and all the first interest coupons shall mature on the 15th day of May 
of the second succeeding year thereafter, and the balance of the bonds 
and their coupons at regular intervals of six months. 

The act also provides that the petitioners may ask that the issue of 
such bonds be issued in series, payable in not less than ten years and 
not to exceed twenty years, in the $50 denominations, and the Board 
shall issue the bonds in compliance with such request. 



§313 Board of County Commissioners. 110 

Should no mention be made in the petition relative to the issues, 
the Board shall designate the term of years for their issue. 

The treasurer, shall sell the bonds at not less than their face value 
and keep the proceeds as a separate and specific fund to pay the cost 
incurred in the construction of the road, upon warrants issued by the 
auditor as directed by the Board. 

The allowance to the contractor in no case, during the progress of 
the work shall exceed 80 per cent, of the engineer's estimate, nor shall 
the whole amount be paid him until the road has been completed and- 
received by the Board. 

(Acts 1913, p. 421, Sec. 7726.) 

313. Duty of Board concerning; tax levies — Principal and interest — 
How taxpayer may obtain credit for material and labor. For the pur- 
pose of raising money to meet said bonds, and the interest thereon, the 
Board shall annually after their issue, at the time the general tax levy 
is made, levy a special tax upon the property of the townships affected, 
which shall be collected as other taxes and shall be applied to the pay- 
ment of the maturing bonds and interest. 

If the roads are constructed into two or more townships, the amount 
paid thereon shall be divided and charged upon the property of each 
township in the ratio that the property of such township bears to the 
total property of all the townships through which each of such roads 
runs. 

The amended act also requires the contractor to give preference in 
employment to resident labor in the township, if as good and effective 
as elsewhere, and at no greater cost. 

The amended act also provides that any taxpayer of the township 
who may render service or labor, or furnish material for the construc- 
tion of such road, may elect to demand a certificate from the contractor 
giving value of such service, labor or material, which amount shall act 
as a credit on the contract, and the certificate issued shall act as a 
quietus for such amount of taxes when presented to the county treas- 
urer. 

Not©: Clearly the last sentence of this section should not 
be taken literally, for the reason that the state, county and 
township funds might be depleted under that construction. 
It is evident that the legislative intent was that the section 
should be construed as if it read: "and it shall act as a 
quietus against a similar amount of taxes against the property 
of said taxpayer, levied by virtue of this section." 

(Acts 1905, p. 521, Sec. 7727.) 

314. Roads when built free from toll. All roads built under this 
act shall be free from toll, and shall be kept in repair the same as other 
free gravel roads constructed under the other laws of the state. 

(Acts 1905, p. 153, Sec. 7728.) 

315. Gravel roads on abandoned right of way — County system. Any 

highway located, now or hereafter, upon any abandoned right of way 
of a railway, shall become a part of the gravel road system, and shall 
be kept in repair same as ether free gravel roads. 



Ill Board of County Commissioners. §316 

The road shall be subject to and governed by the same laws govern- 
ing the repair and keeping in repair of free gravel roads. 

(Acts 1913, p. 941, Sec. 7729a.) 
316. How surplus tax must be applied. The act, 1905, page 521, 
taking care of any surplus tax arising from the special tax for construc- 
tion of free gravel roads, by transferring to the "gravel road repair 
fund", was amended by Act 1911, page 613, by transferring to the 
"road fund" of the township in which such road was built. 

This was further amended by Acts 1913, transferring such surplus 
funds to a "general gravel road by taxation fund," and the Board act- 
ing in behalf of such townships shall transfer from such fund a suffi- 
cient amount to liquidate the indebtedness of any free gravel road in 
such township in which the bond issue was insufficient. 

If, after such transfers, a surplus still remains, it shall be applied 
on the payment of interest or principal, or both, of any gravel road 
bonds of such township, on the order of the Board. 

(Acts 1905, p. 521, Sec. 7730.) 

317a. Appomtnieiit of superintendent — Bond — His duties — Audi- 
tor's duty — Amendments. Amendments are admissible at the hearing, 
by the Board, to the petition for a free gravel road, and the Board may 
extend the time to viewers to make their report, and continue the hear- 
ing from time to time so as to subserve the ends of justice. 

As in the construction of gravel roads by assessment, it becomes 
the duty of the Board to appoint a competent superintendent to super- 
vise the construction of such road according to the plans, proliles and 
specifications as adopted before the letting. He must be a resident of 
the township, or one of them, where the road is located; and under the 
act is required to give a bond in the penal sum of $5,000, and it is his 
duty to render a monthly account to the Board of the actual time of his 
services. 

The engineer, which is the county surveyor, if he is competent, is 
required to cause the roads to be built and constructed according to 
such accepted plans, profiles and specifications, and is liable on his 
bond, in suit, for any damages caused by his failure so to do. 

An engineer, other than the county surveyor, is required to give a 
bond specifically for $6,000, but if the supervision is by the county 
surveyor, under the act of 1913, at page 6 9, the general official bond 
therein required, the amount of which is fixed at not less than $5,000, 
is sufficient. 

(Acts 1905, p. 153, Sec. 7731.) 

317b. Duties of auditor — Complete record. The auditor is required 
to make a complete record of all proceedings in making such improve- 
ments. 

(Acts 1915, p. 644, amending Sec. 7 7 25a.) 

318a. Bonds — Fixing limitation and order of issue. It shall be un- 
lawful for any Board of County Commissioners in the State of Indiana, 
to issue bonds, or any other evidence of indebtedness payable by taxa- 
tion, for the construction of free gravel or macadamized roads under 



§3 19b Board of County Commissioners. 112 

any law in force in this state, when the total issue for that purpose, 
including bonds already issued and to be issued, is in excess of four 
(4) per centum of the total assessed valuation (after deducting all 
mortgage exemptions) of the property of the township or townships 
wherein such roads are located or to be located, and all bonds or obliga- 
tions issued in violation of this act shall be void: Provided, That all 
such bonds shall be issued in the order in which the judgments estab- 
lishing the respective roads are rendered: Provided, further, That in 
determining the total issue of bonds as herein referred to the amount 
of tax collectible during the current year for the payment of road 
bonds then issued and outstanding and for which the tax levy has 
already been made shall be deducted from the aggregate total of such 
bonds, and the amount remaining shall be and constitute the total issue 
of such bonds as herein defined: and Provided further. That no peti- 
tion shall be filed when the cost of the road petitioned for would make 
the total bond issue exceed said four (4) per centum, except those peti- 
tions which have heretofore been filed and publication of notice thereof 
made. 

Note: Evidently this act supersedes Sec. 7 73 2 Burns R. S. 

(Acts 1905, p. 521, Sec. 7733.) 
319b. Completion of iinprovenient — Duties of eii^neer and superin- 
tendent. Whenever any superintendent and the engineer of any road 
constructed under the free gravel roal law, by taxation, believes that the 
road or any part of it, less than the whole, is completed according to 
contract, plans, plats and profiles, they shall, each, file their sworn 
statements with the auditor, stating such completion according to the 
plans, plats, profiles and contract, under which such improvement was 
let, and that the quantity and quality of material used therein was that 
required in such contract. 

Such proofs of completion of such road, or a part thereof, are re- 
quired to be filed ten days before the first day of the regular session of 
the Board, and if within such time any taxpayer interested in the im- 
provement shall file his sworn statement that such part or whole of the 
improvement has not been completed, as stated, the Board shall set a 
day for hearing such issue and hear other proof on such matter, which 
shall be heard by the Board as other cases are heard by it. 

If the Board finds that the road has been perfectly completed, it 
shall then accept and receive such whole, or part, of the completed 
road. 

If the Board finds that the road has not been completed, it shall 
refuse to accept the same, and shall require the contractor to complete 
the same according to plans, plats,* profile and contract. 

If the Board finds that the road has been perfectly completed, the 
costs made in the hearing, shall be paid by the objecting taxpayer; 
otherwise, if found that the road is incomplete, the costs of- the hearing 
shall be paid by the contractor. 

Either party in the matter has the right of appeal, within thirty 
days, to the circuit court, upon filing an appeal bond approved by the 
auditor. Such proceedings are to be tried anew in the circuit court. 



113 Board of County Commissioners. §319c 

(Acts 1909, p. 104, Sec. 7734.) 
319c. Additional bonds, when may be issued. Sec. 8 3 of the act of 
1905, p. 561, as amended by act of 1909, at page 104, provides for the 
issuance of additional bonds, limited to ten per cent, of original issue, 
but not exceeding $1,000, on account of free gravel roads, constructed 
under the act of 1901, at page 454, and amendatory and supplemental 
acts, in the event that such original issue was inadequate to pay for the 
contract for construction and all other expenses. 

Such bonds shall be issued in same manner as the original issue and 
be payable in five years. 

HIGHWAYS — CONNECTING ROADS — COMPLETION. 

(Acts 1907, p. 211, Sec. 7735.) 
31 9d. Procedure before Board— City less than 30,000. The act of 

1903, at page 288, as amended, Acts 1907, page 211, provides 
for the completion of connecting free gravel roads which were con- 
structed under the laws approved March 3, 1893, and amendments of 
March 11, 1901, upon petition to the Board. This includes: 

Any free gravel, stone or other macadamized roads in any township 
or townships contiguous to each other in such county, including in 
such township or townships all towns and cities therein of less than 
thirty thousand inhabitants; and any terminal point or any other point 
or part of any such roads so constructed or in process of construction 
shall be within five or less miles of the boundary line of such township 
or townships, or of any constructed free gravel, stone or other macada- 
mized road, or any street in said township or townships (including 
towns and cities of less than thirty thousand, situate in any such town- 
ship or townships as part of the township), but shall not reach such 
township or townships boundary or such other free gravel, stone or 
other macadamized road or street; then in such case, the Board of 
Commissioners of any such county, upon the petition of fifty freehold 
voters, and in all townships that have less than one hundred freehold 
voters a majority of said voters, including therein towns and cities of 
less than thirty thousand inhabitants, and the giving of notice, as here- 
inafter required, shall at their next regular term or session after the 
giving of such notice, proceed to consider such petition, and if they 
find the same to be sufficient and in compliance with the provisions of 
this act they may proceed at once, as hereinafter provided for, to have 
any such free gravel, stone or other macadamized road constructed and 
completed, over and upon any then existing public highway, to the 
township line of the township wherein it is located, or to connect with 
any other completed free gravel, stone or other macadamized road or 
street in such township or townships, or any town or city of less than 
thirty thousand inhabitants forming a part of such township or town- 
ships. The provisions of this section so far as applicable may be in- 
voked for and may apply to the construction of such free gravel, stone 
or other macadamized road extending from any street in any city or 
town or from any improved road and extending for five or less miles 
from the limits of such city or town or improved road, whether or not 

8— 4S42 



§319e Board of County Commissioners. 114 

such new construction shall thereby connect with any other completed 
free gravel, stone or other macadamized road or street without the 
limits of such city or town or within any township boundary, 

(Acts 1903, p. 288, Sec. 7736.) 

319e. How provisions may be applied. When a petition has been 
filed, the petitioners shall indorse upon it a day in the next regular ses- 
sion when it will be heard by the Board. The auditor is required to 
give a three weeks' English newspaper notice, published in the county, 
or if there is no newspaper in the county, by posting notices in three 
public places in the township interested; also one, at the court house 
door giving the pendency of such petition, giving a full description of 
petitioned improvement, and date fixed for such hearing. 

(Acts 1903, p. 288, Sec. 7737.) 

319f. Status of jiroposed improvement. Upon the day set for the 

hearing of the petition, the Board shall proceed to consider the same, 
and all remonstrances filed before the Board, by freehold residents of 
the township interested. In case the remonstrance shall fail, the cost 
shall fall upon such remonstrators. The Board shall have discretion- 
ary power to order, or to refuse to order, such improvement. If the 
Board finds the petition sufficient and in compliance with the act, it 
may order the establishment and construction of the road. 

The status, when so ordered shall thereupon become and be exactly 
the same as if the proposed improvement had been regularly petitiond 
for and voted upon at an election regularly held under the act of 
March 3, 1893, and its amendments, or under the act of March 11, 
1901. 

319g. Petition — Remonstrance — Powers of Board to construct. The 

further proceedings thereon shall be had according to the latter act of 
March 11, 1901, until said work is completed and paid for the same as 
if it had been included in the original petition for extension to the 
township line, or to some completed free gravel road constructed in 
the same township. 

This includes the processes of advertising for bids; the appoint- 
ment of viewers and engineer and their duties; letting of contracts; 
the issue and sale of bonds; levy and collection of taxes and all other 
steps and proceedings. 

If it is found by the Board that the proposed improvement can be 
constructed for the same or less rate of expense than the original im- 
provement, the Board is empowered to proceed to let the contract with- 
out an advertisement. 

(Acts 1903, p. 288, Sec. 7738.) 

319h. Declaration of intent of the act. The act in itself declares 
the intent to be for the purpose of promoting the completion of the 
free gravel roads constructed under the act of 1901, so to extend them 
to the township line or to any completed road in the township. 



115 Board of County Commissioners. §320 

(Acts 1909, p. 176, Sec. 7739.) 
320. Legalizing: of the earlier laws. A general legalizing act of the 
earlier free gravel road laws covering all of the processes was enacted 
in Acts 1907, at page 428, and re-enacted, in part, in Acts 1909, at 
page 176. 

HIGHWAiS, DEVIATION — TOWNSHIP LINE. 

(Acts 1909, p. 263, Sec. 7739a.) 
321a. Departure from real line account bluffs, hills, ravines, etc. 

A special act. Acts 190 9, page 2 63, was enacted, providing for the con- 
struction of free gravel roads on and along township lines, outside of 
cities and towns. In 1913, section one of this act was amended, Acts 
1913, page 7 62, providing that in laying out such roads, if necessary in 
order to avoid bluffs, hills, ravines or other obstacles, a departure from 
the township line of not to exceed one-half mile is permitted, and when 
the road is laid out and constructed it shall be treated, paid for and 
kept in repair by the adjoining township in the same proportion, as if 
established and constructed on the real line. 

(Acts 1909, p. 263, Sec. 7739b.) 
321b. Requirements in the petition — Proofs — Viewers — Engineers. 

By the new act of 1909 there are but few variations from the require- 
ments made in the act of 190 5, at page 521, providing for the construc- 
tion of a road through a township. 

The petition must be signed by fifty adult freeholders of the town- 
ships abutting such township line, at least ten of whom shall be from 
each township affected. 

The newspaper notice of the auditor; the posting of notices in 
three public places and at the court house door, are the same. 

The required description of the proposed line, and presentation to 
the Board are the i^ame. The auditor shall fix a date for the hearing 
not more than thirty-five days after the petition is filed. 

The hearing; proofs; appointment of viewers and an engineer; 
their qualification, duties, reports; assessment of damages; right of 
remonstrance are the same as required in the 190 5 act. 

Note: See Sec. 310b, and following, this book. 

(Acts 1909, p. 263, Sec. 7739b.) 
321c. When election to be ordered — More than one road. The 

Board, however, after the matter of damages and remonstrances has 
been determined, and it is found that the reports and profile are in due 
form, shall establish and order the construction of said road without 
submitting the question to an election of the voters of the interested 
townships. 

If two or more highways are described so as to form a continuous 
line of highway, the whole may be acted on as one. No street, in any 
incorporated town or city, shall be improved under the provisions of 
this act. 



§32 Id Board of County Commissioners. 116 

The notice to bidders, letting of contract and bond of bidder is 
same as the 1905 requirements. 

Note: As to requirements of 1905 act, see Sees, 309a-320, 
this book. 

(Acts 1909, p. 263.) 
321d. Kind of bonds to be issued. The issuance of bonds bearing 5 
per cent, per annum, payable semi-annually; the required levy to meet 
their semi-annual maturity, and all other proceedings are the same as 
the 19 5 act. 

The act repeals all conflicting laws. 

Note: As to requirements of 1905 yet, see Sees. 30 9a-320, 
this book. 

HIGHWAYS, DEVIATION — COUNTY LINE. 

(Acts 1907, p. 363, Sec. 7740.) 
322a. Departure from real line account bluffs, hills, ravines, etc. 

Boards of two or more counties are jointly empowered to construct 
free gravel roads on and along county lines; and in the necessity by 
reason of bluffs, hills, ra\ines or other obstacles may depart from the 
boundary line a distance not exceeding one-half mile; and when so 
laid out and improved shall be considered, paid for and kept in repair 
the same and in same proportions as if they were on the real line divid- 
ing such counties. 

(Acts 1907, p. 363, Sec. 7741.) 
322b. Joint Board meeting- — Petition — Viewers and engineer. 

When a petition signed by seventy-five adult resident freeholders of the 
abutting townships to a county line, which is desired to be improved, at 
least ten of whom are required to be from each of the townships 
affected, is presented to the Board, it shall make an entry and order 
fixing the day, when such Board shall meet the Boards of the adjoining 
county in a joint session at the auditor's office or commissioners' room 
in the county where the petition is filed. 

The purpose of such joint session is to select viewers and a surveyor 
or engineer. 

The first Board shall direct that a five days' notice be given by the 
auditor to the Board of the adjoining county, of the presentation of 
such petition and of time and place of such joint session. 

(Acts 1907, p. 363, Sec. 7742.) 
322c. Facts necessary in petition — Pi/Iore than one petition — Affida- 
vit«. The petitions shall give a general description, getting forth the 
beginning, course and termination of the highway sought to be laid out 
and improved, together with a recommendation of the kind of improve- 
ment desired. 

Separate petitions may be filed asking for improvement of sections 
of such highways which connect this proposed highway with free 
gravel roads at either end of all the roads described. The Board shall 



117 Board of County Commissioners. §322d 

consider all of such petitions as one petition asking for the improve- 
ment of the whole line of road as described and connected, as if there 
had been but one petition for the whole line. 

An affidavit of a freeholder of one of the abutting townships, stat- 
ing that such 75 signers are adult freeholders of such townships, and 
not less than ten are from each township, is required to be filed with 
the petition. 

(Acts 1907, p. 363, Sec. 7743.) 

322d. Auditor's duties — Service by other auditor. The auditor is 
required to transmit his certified copy of such petition to the auditor of 
the adjoining county, including names thereon and the proof. 

This must be served on the members of the Board of the adjoining 
county by its auditor, at once, by calling them together, and delivering 
such certified copy, which shall be made a matter of record. 

^Acts 1907, p. 363, Sec. 7744.) 

322e. Requirements and duties of viewer and engineer. At the fixed 
time and place, the Board in joint session, and by a concurrent order, 
shall select two distinterested freeholders, each of whom shall reside in 
different counties, and not resident or owners of taxable property in 
any interested township, and shall likewise select a competent surveyor 
or engineer, who with the two freeholders shall be viewers, who are to 
be notified by the auditor of the county where the petition is pending. 

The act covers the duties of such viewers and engineer as to their 
being qualified by taking an oath; to proceed with necessary assistants, 
to make the view and location; determine its public utility; its width; 
to make profile of the grade; determine quality and depth of gravel or 
other material; and make estimate of the cost of construction of the 
proposed road, bridges to be built by townships, culverts, drainage and 
other things necessary for its completion, the duties being similar in 
all things to those provided for free gravel roads which are built wholly 
in one county. 

(Section 7744.) 

322f. Requirements and duties of boards at joint meeting;. Viewers 
are not required to assess damages to any person except as provided by 
section 69 of the Act of 190 5, at page 55 3, which shall apply. (See 
Sec. 310g, this book.) 

The viewers are required to make reports in duplicate, and file one 
with the auditor of each county immediately on completing this work. 
The time for filing such reports shall have been fixed at the joint ses- 
sion of the Boards. 

The reports shall embrace the required matters of public utility, 
length, plans, plats, profiles, estimated costs and the damages assessed. 

If necessary, the Board, before which the petition was filed, may 
extend, not to exceed thirty days, time to viewers to make their report. 
The auditor of this county is required to attend all joint sessions and 
enter its proceedings, furnishing without delay, a certified copy of such 
record to the auditor of the other county. 



§322g BoAKD OF County Commissioners. 118 

(Acts 1907, p. 363, Sec. 7745.) 

322g:. Engineer's report — Reiiionstrance — When more than one re- 
monstrance. Upon filing the viewers' and engineer's report, the audi- 
tors of each county shall jointly agree upon a fixed date for a joint ses- 
sion of the Boards at the auditor's office or commissioners' rooms of 
the petitioning county. 

Such auditors, in his own county, shall then give notice of the 
pendency of such petition to the taxpayers of the interested townships, 
by a newspaper publication, published within the county, mentioning 
the joint meeting of the Board; a brief description of the road and 
improvement; and the right of remonstrance. 

Any resident taxpayer, affected, may remonstrate at any time up to 
10 o'clock a, m. of the day of hearing, and when more than one remon- 
strance is filed they shall be consolidated. 

The Boards shall try the issues, and when a majority find for the 
remonstrators, that the highway will not be of public utility, they shall 
then dismiss the petition at the cost of the petitioners; otherwise, at 
the cost of remonstrators. 

(Acts 1907, p. 363, Sec. 7746.) 

322h. Joint Board appoints superintendents— Construction of Avork 
ordered. If the Boards in joint session, find by majority vote of all 
members, that the proposed improvement is of public utility, and that 
all claims for damages have been fixed, the auditor shall be directed to 
advertise for bids, in line as provided when a free gravel road is to be 
constructed within one county. At such joint meeting the Boards shall 
appoint a superintendent of construction for the improvement. 

The auditor shall lix a day for such letting, notifying his Board, and 
likewise give a ten days' notice to the other Boards. 

Newspaper notice of letting shall be published for twenty days in 
each county interested in the improvement, and all printers' bills must 
be filed with the auditor before such letting, with their proof, else no 
fee shall be taxed for any one failing. 

(Section 774 6.) 

322i. Local teams and labor to be given preference— Exceptions. 

Contractors or superintendents shall equitably employ local labor and 
teams unless it costs more in some townships than others, in which 
case such labor and teams may be employed w^herever the same may be 
had the cheaper. 

(Section 7747.) 

322j. All things done under act 1905. The entire improvement, in 
all things, shall be done under the act approved March 8, 1905, page 
521. 

Note: See Sees. 7711 to 7739 Burns R. S., Sees. 309a- 
320, this book. 



119 Board of County Commissioners. §322k 

HIGHWAYS — COUNTY LINE— ASSESSMENTS. 

(Acts 1907, p. 363, Sec. 7748.) 
322k. Expenses, how jjroportioned — Assessments — Bonds — Pay- 
ments to first petitioning county. The said Board shall fix in the order 
making and establishing said improvement the ratio or part of such 
road or roads belonging to and assessable against each of the several 
townships sought to be taxed for such improvement, by giving and 
assessing to each township such proportion of such road or roads to be 
improved, counting one-half the road to the township or townships on 
either side thereof, and the Boards of Commissioners of the several 
counties interested and so notified, shall, upon notice from the auditor 
of the county where said proceedings are pending, that the contract has 
been let, stating the amount of the contract price, and the amount of 
all other costs, damages allowed, and expenses of every kind necessary 
to complete such improvement, including all costs of engineer, view- 
ers, publication of notices, help of engineer and viewers in surveying, 
superintendent of construction, and the fees and charges of the auditor 
of the county so constructing the improvements, which fees and 
charges shall be the same as in other like work in his office and shall 
belong to him individually, except that portion chargeable to his own 
county, which shall belong to it, but each county shall pay for the costs 
of printing its own bonds and the selling of same; issue the bonds of 
its county of a sum equal to the share or portion as assessed and appor- 
tioned to each township in its county, as so made and apportioned in 
the original order for the making of the improvements as the share of 
roads in each county bears to the whole line of roads, plus the costs 
of printing and selling such bonds, and upon the sale of such bonds, 
the proceeds shall be remitted to the auditor of the county where the 
petition is filed, and by him charged upon his books and then it shall 
be his duty to pay the same into the treasurer of his county, to be held 
by him as a special fund for the making of such improvements, and paid 
out upon warrants drawn by such auditor as ordered by the Board of 
Commissioners of the county before whom the petition was filed except 
the final payment which shall be upon the joint order of said Board. 
It is hereby made the duty of the several county treasurers of this state 
to sell all such bonds so issued, and to remit the proceeds to the auditor 
of the county where said petition is filed. 

(Acts 1907, p. 363, Sec. 7747.) 
3221. Special tax levy to pay bonds and interest. A special levy shall 
be made, annually, to provide for the payment of the maturing bonds 
and interest, upon each township, including towns and cities under a 
population of 30,000. 

Such levy upon the property of each township shall be in the same 
ratio and proportion as its portion of the road bears to the portion of 
the others, as the same adjoins each tovvuship in the respective coun- 
ties. 



§322m Board of County Commissioners. 120 

(Acts 1907, p. 363, Sec. 7750.) 
322ni. Procedure of joint Board upon completion — Reception of im- 
provement — Maintenance. When the road is completed according to 
contract, plans and specifications, the engineer in charge of the im- 
provement shall notify the auditor of each county of such fact, when 
the auditor of the petitioning county shall appoint a time and place, not 
over twenty days from the engineer's notice, for a joint meeting of the 
different Boards to inspect such road, with the assistance and advice of 
such engineer. 

If the Boards deem that the improvement has been perfectly per- 
formed, they shall accept it and make an entry of record of accepting 
and receiving same, and allow a payment in settlement of the contract. 
Should the Boards find that the work has not been properly done, 
according to plans and specifications, they shall summon such contract- 
or and direct him to complete the work by a certain fixed date adjourn- 
ing such joint meeting until that time. 

The Board shall reassemble on the day fixed, for the purpose of 
accepting and receiving the work: 

Before finally adjourning their joint sessions the improved highway 
shall be apportioned between the several counties for future mainte- 
nance of the road, which shall be done as free gravel roads are main- 
tained. 

(Acts 1907, p. 363, Sec. 7751.) 
322n. Further joint sessions when necessai'y. The act provides for 
joint meetings of the Boards as often as is necessary to carry out the 
provisions of the act. A five-day notice to the interested Boards is 
required and their joint sessions may be adjourned from day to day or 
to any other period of time. 

(Acts 1907, p. 363, Sec. 7752.) 
322o. When auditor casts vote. In joint sessions of the Boards, on 
the question of public utility, when there is a tie vote, and the joint 
Boards can not decide the question, the auditor of the petitioning coun- 
ty shall cast the deciding vote. 

HIGHWAYS — FRANCHISE TO IMPROVE. 

(Acts 1881 S. p. 542, Sec. 7799.) 
323a. Abutting owner's right to petition. Owners of real estate 
abutting on any highway may petition the Board to grant right of way 
for the improvement of such highway, 

(Section 7800.) 

323b. Board's action on petition. When such petition is presented 

to the Board, signed by persons of lawful age and who are the owners 

of more than half of the abutting real estate as well as a majority of 

such owners, the Board may grant right of way for such improvement. 

(Acts 1881 S. p. 542, Sec. 7802.) 
323c. With consent of Board, may build. When such right has been 
granted by the Board for the improvement of any highway in this state. 



121 Board of County Commissioners. §324 

the petitioners and others interested may form themselves into a cor- 
poration, under the laws of the state to build either a free or toll road. 
A corporation thus formed shall have all the rights and privileges 
of similar corporations of the state. 

HIGHWAYS, IN MORE THAN ONE COUNTY. 

(Acts 1913, p. 705, Sec. 7669.) 

324. How viewers shall be appointed by each county — Qualifications 
and requirements. When the petition is presented for a location, 
change or vacation of a highway, extending into two or more counties, 
or upon a county line, dividing two or more counties, jurisdiction as to 
all the proceedings shall obtain to the Board of the county where the 
petition is first filed, and shall be similar to the proceedings outlined 
for one county as far as practicable, except that the petition shall be 
•signed by twenty-four freeholders of the counties interested, six of 
whom shall reside in the neighborhood of the proposed location, change 
or vacation, three of whom shall reside in either county. 

The set of viewers, or reviewers shall be equal to the number of 
counties to be affected, and one to be appointed by the Board of each 
county. 

For further information reference should be had to the provisions 
of the act. 

(Acts 1905, p. 521, Sec. 7670.) 

325. When dispute exists as to working roads — Viewers and sui'vey- 
ors — Their duties. Section 22 of the act of 19 05, provides for working 
highways located on county lines which have not been worked, by 
either county, for a stated time on account of difference of opinion as 
to whose duty it was to work such highway. 

This matter is brought to the Board by petition of 12 freeholders 
setting forth those facts. 

The Board shall thereupon appoint two viewers together with the 
surveyor to perform the duties required. The auditor shall, immediate- 
ly, through the auditor of the other county give notice to the Board of 
the bordering county of the filing of the petition with its purport, when 
the Board of bordering county shall appoint two freeholders, and the 
four persons thus appointed, together with such surveyor shall meet at 
a time and place fixed by the first Board; after being officially sworn, 
these viewers shall procfeed carefully to examine the condition of the 
highway in dispute, and if practicable, shall locate the same on the 
county line, one-half in each county. 

The viewers shall make report, in duplicate, giving a description of 
the highway, with metes and bounds, showing its beginning, termina- 
tion and width, and furnish each county with such report, to be re- 
corded as other highways are. 

In case the second county fails to appoint viewers as required, the 
two viewers and the surveyor shall proceed to make the view and make 
report, discharging the duties of the four viewers, as contemplated, 
which will have effect in law the same as if the four viewers had acted. 



§326 Board of County Commissioners. 122 

HIGHWAYS — RURAL. MAIL ROUTES. 

(Acts 1913, p. 869, Sec. 7775.) 

326. Special act lOlS concerning emergency lurid. In addition to 
their other duties, Boards of Commissioners, township trustees and 
road officers, are required to keep in repair and passable condition all 
highways along or on which United States rural free delivery routes 
are established. Township trustees are required to set aside at least 
five per centum of their road fund received each year as an emergency 
fund for such rural route highways. 



HIGHWAYS, ON STATE LINES. 

(Acts 1913, p. 938, Sec. 7671.) 

327. Procedure in construction and keeping in repair — General plan 
of co-oi)eration — Superintendent. Section 2 3, of the act of 1905, at 
page 521, ha.s been amended, 1913, at page 938, to become operative 
only when an adjoining state shall enact a co-operative law. 

It provides for the laying out, construction, improvement, grading, 
graveling or macadamizing of a public highway on or along the line 
dividing Indiana and an adjoining state. 

The general plan of operation is by the appointment of highway 
superintendent by the Board joining with the proper authorities of the 
county adjoining in the other state. The term of office is two years, 
and he is required to file an acceptable bond in the penal sum of not 
less than $200. His compensation is fixed at $2.50 per day. He is sub- 
ject to removal at any time. He shall be a qualified voter of the county 
from whence appointed. He shall have charge and supervision of all 
work in connection with such highway, contemplated in the act, and 
shall be at all times under the direction of the respective Boards or 
proper authorities. The respective Boards are authorized jointly to 
enter into contracts for the construction and improvement of such 
highways and shall pay, each, its equitable and just share of cost. 

Such improvements shall be made on the petition of landowners 
under the existing laws of Indiana, and when such highway is con- 
structed shall be perpetually kept in repair by the provisions of the 
act in just proportions by the adjoining counties, and shall be free from 
toll. 

HIGHWAYS — FENCES. 

(Acts 1895, p. 18, Sec. 7797.) 

328. Deviation from old road — When right to fence— When no 
right to fence. When, in the construction of free gravel roads, the line 
of location has been deviated from the old highway, such abandoned 
portions shall be deemed as being vacated without further proceedings, 
and land owners shall have the right to fence same. 

Where such fence would deprive any person, owning land along 
such old road, from access to his land, the provisions of the act do not 
apply. 



J 



123 BoAED OF County Commissioners. §329 

(Acts 1867, p. 133, Sec. 7796.) 

329. Abandonment of old road by road company — Vacation. In case 
that a road company, which has constructed its road by the consent of 
the Board, shall abandon such highway for any distance not over one- 
half mile, which lies on the land of one person, only, and the distance 
of public travel will not, thereby, be increased more than one-eighth of 
a mile; and such abandonment by such road company has had the 
consent of the landowner, there being no obstruction to any other 
highway, such abandoned portions shall be vacated. 

HIGHWAYS — WIDTH. 

(Acts 1 R. S. 1852, p. 30-7, Sec. 7794.) 

330. Minimum width 30 feet. No county road shall be less than 30 
feet in width, and the order for laying out any highway shall specify 
its width. 

Note: Also see Sec. 297, this book. 

331. The several statutory provisions as to width. 

Note: The following shows the widths of county roads as author- 
ized by the several acts: 

Act January 31, 1824, Sec. 4, "the Board of Commissioners to 
order the said road to be opened a necessary width, not exceeding 
thirty-three feet." 

Act February 10, 1831, Sec. 6, "the said board shall * * * 
order the said road to be opened and repaired a necessary width, not 
exceeding forty feet." 

Act February 17, 1838, Sec. 6, "to be opened necessary width not 
exceeding forty feet." 

R. S. 1843, ch. 16, Sec. 30, "All public highways laid out by au- 
thority of the county commissioners, shall not be less than forty feet 
wide, and all private roads shall not be more than thirty feet wide." 

Act June 17, 1852, Sec. 39, "No county road shall be less than 
thirty feet wide, and no township road shall be less than twenty-five 
feet wide." 

Note: The act of May 6, 18 5 2, provided for the election of three 
trustees in each civil township. Amongst other duties they were au- 
thorized to open, change and vacate township roads within such town- 
ship. 

The act of February 18, 1859, superseded the 1852 law, and pro- 
vided that but one township trustee should be elected, without any 
authority touching opening, change or vacation of roads. 

HISTORICAL SOCIETIES. 

(Acts 1901, p. 542, Sec. 4998.) 
332a. Procedure and authority for Board to provide room and 
vault. Where there is organized, in any county, a historical society for 
the purpose of coUeciing data for and preserving state and county his- 
tory and biography, which has held, at least, one meeting in each year, 
at which papers have been read and addresses been made in the pres- 
ence of the public, upon local and state matters of history, for five 
consecutive years, upon petition of its president and secretary, and not 
less than fifty voters and taxpayers of the county, to the Board, at a 
regular session, and by the Board referred to the county council at a 



§332b Board of County Commissioners. 124 

regular or called session, with estimates and recommendations, the 
council may appropriate any sum not to exceed $5,000, for the con- 
struction and furnishing of rooms and fire-proof vaults, for meetings, 
and the preservation of records and historical papers of such society. 

(Acts 1901, p. 542, Sec. 4999.) 
332b. When society surrenders rights — Failure to hold meeting. 

Should such society fail, or voluntarily surrender its right, or fail to 
hold its meetings for two consecutive years, all its papers and property 
shall become the property of the county, but duplicate copies shall be 
allowed to be made of historical or biographical papers by its con- 
tributor. 

(Section 5000.) 
332c. Joint use of rooms and vaults — Other associations — When 
abandoned. Joint use of such rooms and vaults may be allowed to any 
other historical association or biological branch by the Board, but ap- 
propriations shall obtain only to one set of rooms and vaults. 

(Section 5001.) 
332d. Board has voice in control of rooms. Control of such rooms 
shall be held jointly by such so.ciety and the Board, but all printing and 
similar expenses shall be paid by the society. 

(Acts 1901, p. 542, Sec. 5002.) 
332e. Voluntary surrender — Board may gi'ant to others. In case of 
the voluntary surrender of the occupancy of the rooms, building and 
vaults, by such historical society, the Board may grant the use of same 
to any other society similarly organized, preference however being 
given to the reorganization of the original society. 

HOME FOR FRIENDLESS WOMEN. 

(Acts 1867, p. 228, Sec. 10038.) 

333a. Where established— Board may use for restriction of con- 
victed women or girls — To be open at all times for inspection of the 
Board. Where there has been a home for friendless women established, 
private or otherwise, in any city, the Board may make provision for the 
restraint in such home of women and girls, who are convicted by any 
courts for a violation of law, provided the Board deems the home safe 
for imprisonment. 

(Section 10040.) 

333b. Inspection. Any such home shall, at all reasonable hours, be 
open for the inspection by the Board or any proper authority. 

HOSPITALS. 

XActs 1913, p. 742, Sec. 3776a.) 
334. Act 1913 authorizes establishment and maintenance of — Peti- 
tion — Trustees — Tax levies. This act enables counties to establish and 
maintain public hospitals, upon a petition to the Board signed by 200 



125 Board of County Commissioners. §335 

resident freeholders of such county, 150 of whom shall not be residents 
of the town or city vvhere such proposed hospital is to be located. 

The Board may levy a tax, not to exceed 20 cents on the $100, and 
may issue bonds for the purchase of the site for such hospital build- 
ings. When the hospital has been established, it becomes the duty of 
the Board to appoint five trustees to serve until the next general elec- 
tion, when trustees of the hospital shall be elected the same as other 
officers, none of whom shall be practicing physicians. 

All vacancies shall be filled by the Board of County Commissioners. 

To anticipate the collection of the tax levied, for such purpose, the 
Board is authorized to issue 20-year bonds of the county bearing 5 per 
cent, interest, payable annually or semi-annually, limited to $100,000. 

The Board is given the power to enter condemnation proceedings to 
secure a location for such hospital. 

The Board may determine who are charity patients, and may pro- 
vide, in the sanitarium department, for the care of indigent tubercu- 
losis patients. 

HOSPITAL — >L1TERNITY. 

(Acts 1909, p. 369, Sec. 3678J.) 

335. When county shall pay expense for child and mother. The act 

regulating maternity hospitals provides, by section 10, for the pay- 
ment by the county of the necessary expenses for the confinement of 
the mother and care of the illegitimate child. Unless otherwise paid 
within four months, such expenses are collectible from the county at 
the rate of $1 per day for the mother and 35 cents per day for the 
illegitimate child. 

HOSPITALS — TUBERCULOSIS. 

(Acts 1913, p. 474, Sec. 3776t.) 

336. When Boards may establish — Donations received — Purchase 
property — How managed. Boards of any county, in the state, shall 
under the provisions of the act, 1913, at page 474, have power to es- 
tablish a county hospital for the care and treatment of persons suffer- 
ing from the disease known as tuberculosis. This is purely a local 
matter and must not be confused with the state institution, the tuber- 
culosis hospital at Rockville, Parke County, where there is apportioned 
to each county an equitable right to admit patients. See section 58, 
this book. 

This act gives the Board, when it has voted to establish such hos- 
pital, power to purchase or lease property; to acquire such real prop- 
erty, and easements thereon by condemnation proceedings; to erect all 
necessary buildings or improve and alter existing buildings, subject to 
the approval of the state board of health; with the approval of the 
council, to assess, levy and collect such necessary sums of money for 
lands, buildings and improvements and maintenance of same; to bor- 
row money for such erection and purchase of site and issue the county 
obligations therefor; to appoint a board of managers for such institu- 
tion; and to accept and hold in trust any devise, gift, bequest or dona- 
tion to be applied to the benefit of such county tuberculosis hospital. 



§337 Board of County Commissioners. 126 

The hospital is managed by a board of managers consisting of four 
citizens of the county, two of whom shall be practicing physicians, 
and without compensation except their actual traveling and necessary 
expenses. 

The act gives the duties of such board of managers; duties of the 
superintendent; how patients are admitted; when patients may become 
a charge upon the county, and other matters relating to the manage- 
ment of the institution. 

When such hospital is established in connection with, or on the 
grounds of the county asylum, the Board may, as a part of their duties 
perform the duties of the board of trustees, or appoint a board of man- 
agers. 

Two or more counties may join together in the establishment and 
maintenance of a tuberculosis hospital, its cost of establishment and 
its maintenance being apportioned on the ratios of the taxable prop- 
erty of such counties, and admissions on the ratios of their several 
population. 

IMPEACHMENT OF OFFICERS. 
(Acts 1897, p. 278, Sec. 9648.) 

337. Procedure therein. An accusation against any officer may be 
presented by the grand jury of the county for or in which the officer 
accused is elected or appointed. 

(Acts 1899, p. 188, Sec. 9663.) 

338. Procedure therein for felony. When any county or other pub- 
lic officer shall be convicted of felony, the office held by him shall be 
vacated by such judgment, and the vacancy thus caused shall be im- 
mediately filled by appointment as provided by law. 

Provided that in case of appeal to the appellate or supreme courts, 
such office shall not be vacated pending such appeal. 
See also sections 357, 358, herein. 

INDIANA BOYS' SCHOOL. 

(Acts 1883, p. 19, Sec. 10019.) 

339. Portion of expense of keep i^aid by county. The board of con- 
trol of the Indiana boys' school is required, to make an estimate of 
the keep of boys committed to that institution, one-half of which is 
chargeable to the county from whence the boy is committed together 
with the whole cost of transportation. 

(Acts 1867, p. 137, Sec. 10020.) 

340. Procedure by which county is released from payment. No 

order shall be made, charging any county with one-half of the cost of 
keeping in the institution of any infant committed by his or her 
parent or guardian, unless a certificate, in writing, is first produced, 
signed by the president of the Board of Commissioners of such county, 
or by the auditor of such county, setting forth that the case is one in 
which the expenses should be charged to the state and county and 
setting forth the reasons therefor. 



127 Board of County Commissioners. §341 

INDIANA GIRLS' SCHOOL. 

(Acts 1869, S. p. 61, Sec. 9973.) 

341. County pays expense Avhen ijarent and guardian unable. Un- 
der the provisions of act approved May 13, 18 69, one-half of the ex- 
penses of the clothing and subsistence of an infant committed to the 
Indiana girls' school, is chargeable to the county from whence the 
infant is committed, except in cases where parent or guardian is able 
to pay. 

(Section 9974.) 

342. Superintendent's certificate required to make claim. A certi- 
fied statement of such expenses from the superintendent of the school 
shall be transmitted to the auditor through the treasurer of state 
which the Board shall pay. 



INDIANA STATE SOLDIERS' HOME. 

(Acts 1895, p. 40, Sec. 10085.) 

343. Boards authorized to erect cottages upon gi'ounds at. By an 

act approved February 25, 1895, the Indiana state soldiers' home was 
established near Lafayette. The act also provided that the Boards of 
the several counties of this state shall have authority to make appro- 
priations out of the general funds of the county for the purpose of 
erecting a cottage or cottages upon the grounds of the home. 

INDIANA UNIVERSITY. 

(Acts 1 R. S. 1852, p. 504, Sec. 6725.) 

344. Free tuition — Two students from each county — Board's se- 
lection. The trustees of the Indiana unversity shall provide for the 
tuition, free of eharge, of two students from each county of the state, 
to be selected by the Board. 

INDIANA UNIVERSITY FUND. 

(Acts 1897, p. 117, Sec. 6770.) 

345. County liable for ''Permanent EndoAvment Fund." Under an 
act of 1897, the auditor of state, who had charge of the Indiana uni- 
versity fund, commonly called the ''Permanent Endowment Fund", was 
directed to allot same to the several counties of the state, based upon 
the enumeration for legislative apportionment of 189 5. 

(Section 6771.) 

346. Fund loaned by auditor same as school fund. This fund is 
loaned by the county auditor in the same manner, terms, conditions 
and restrictions, and same limitations as the common school funds. 

Counties are made liable for the principal and interest the same as 
for the common school funds. 



§347 BoAKD OF County Commissioners. 128 

INSPECTORS. 

(Acts 1 R. S. 1852, p. 340, Sec. 7911.) 

347. Inspection of salt — Pork — -Beef — Flour — Hay. Boards may 
appoint inspectors to inspect salt, beef, pork, flour and hay. 

The inspector shall serve four years unless sooner removed. His 
fees are set out in the act. 

(Section 7918.) 

348. Boards may authorize purchase of hay scales. Boards may 
authorize inspectors of hay to procure suitable hay scales, at the ex- 
pense of the county. 

(Section 7919.) 

349. Inspector to give satisfactory bond. Inspectors are required 
to give bond to the satisfaction of the Board and to file the same in 
office of county clerk, and to take an oath of office. 

(Acts 1 R. S. 1852, p. 340, Sec. 7923.) 

350. Board makes necessary regulations. The Board may make 
such further regulations in regard to inspectors as may seem necessary. 

INTERURBAN RAILROADS. 

(Acts 1903, p. 233, Sec. 5465.) 

351. General law for public aid to raili'oads extended. Under the 
law of 1903, all acts relative to the public aid to railroads, were ex- 
tended to and held to include every kind of street railroad, suburban 
and interurban railroads, irrespective of construction or of whatever 
power employed. 

(Acts 1879, S. p. 175, Sec. 5671.) 

352. To extend sti*eet railroads must have consent of Board. Any 

street or horse-car railway company organized under Ihe laws of the 
state, within any of the incorporated towns or cities, desiring to ex- 
tend such road beyond the corporate limits, on any state or county 
road; or any other company organized under such laws for similar pur- 
poses; or any person desiring to build a horse or street railway out- 
side of any city on a public highway, may do so after procuring the 
consent of the Board. 

(Acts 191, p. 461, Sec. 5675.) 

353. Must have permission of Board to change gi'ade of highway. 

The powers given to interurban companies using a public highway, to 
make a change in the grade or the line of such highway, must be done 
under the direction and by the permission of the Board. 

(Acts 1909, p. 199, Sec. 5696-a.) 

354. Electric motive power may be used. Interurban companies and 
street railroad companies, with the consent of the common council, for 
within a city, and the Board, for without the city, may use electricity 
for motive power. Provided, that in giving such consent the common 



129 Board of County Commissioners. §355 

council, or Board, may do so upon such terms and conditions as they 
may see fit to impose. 

(Acts 1905, p. 521, Sec. 7684.) 
855. ConditioiLS under which Boards giant rights of way on high- 
ways. Boards are authorized- to give their consent to the use of the 
public highways as rights of way to interurban companies, duly or- 
ganized under the laws of this state, or to any street railroad company 
desiring to extend outside of the city limits, or to any company desiring 
to build an electric railway outside the city. 

Any company accepting such consent must observe the conditions 
as to location, track and road-bed, and perform such other reasonable 
terms as may be fixed by the Board granting such consent at any time 
afterwards. 

(Section 7684.) 

356. Mention of public franchise act of 1913. Attention is here di- 
rected to the "public franchise" act of 1913, at page 2 8 6, section 431 
herein, 

INTOXICATION. 

(Acts 1875, p. 91, Sec. 9605.) 

357. When public officer may be inij)eached for. Any person hold- 
ing an office under the constitution or laws of this state, becoming vol- 
untarily intoxicated within the business hours of his office, or shall be 
in the habit of becoming intoxicated by the use of intoxicating liquors, 
shall forfeit his office and be removed therefrom, upon complaint, filed 
in the circuit court of the county in which he resides, by any citizen of 
the state, alleging that he is a citizen, and giving the name of person 
complained of, with full particulars of the offense. The clerk of said 
court shall docket the cause, and issue summons for the defendant as 
in other causes. If found guilty upon trial, such officer shall ba 
adjudged to have forfeited his office, and it shall be adjudged vacant. 

INTOXICATED OFFICER. 

(Acts 1905, p. 584, Sec. 2419.) 

358. Penalty for, dui'ing business hours. Whoever, holding an office 
under the constitution and laws of the state, becomes or is intoxicated 
during the business hours of his office, on conviction shall be fined from 
$10 to $100, and an imprisonment in the county jail may be added. 

Upon a second conviction he may be deprived of his office by the 
judgment of the proper circuit court. 

INTOXICATING lilQUORS — LOCAL OPTION. 

(Acts 1911, p. 8.) 

359. Features of laAv 1911. Whenever a petition signed by 
20 per cent, of the qualified voters of any incorporated city, or any 
township not containing an incorporated city, or the territory embraced 
within any township outside of and exclusive of the territorial limits 

9—4842 



§360a Board of County Commissioners. 130 

of the city, is presented to the Board asking for a special election as to 
whether or not the sale of intoxicating liquors as a beverage shall be 
prohibited in such territory, the Board shall order a special election, 
on a day not less than twenty nor more than thirty days thereafter. 
The act gives a form for such petition. 

The Board shall appoint election officers to be comprised of oppos- 
ing parties, and a special ballot shall be used. If a majority of the le- 
gal votes cast at such election shall be in favor of prohibiting the sale 
of intoxicating liquors as a beverage in such territory, it shall be un- 
lawful for the Board to hear or consider an application for a license 
to sell, and the Board shall not have the power to grant license to any 
person, until at a subsequent election a majority of the voters of such 
territory shall vote against prohibition. 

Should the result of such election be in favor of prohibition, then 
after ninety days from the date of the election all licenses for the sale 
of intoxicating liquors which have been granted in such territory, 
shall be null and void, and the holder thereof shall be liable for any 
sale of liquors the same as if a license had never been issued to him. 

When the holder of such license shall surrender the same, within 
such limit of ninety days, the county, town or city issuing such license 
shall refund the unearned proportion of the license fee paid by him. 

Section 8 of the original act, 19 08, at page 7, which forbids a sub- 
sequent election for the period of two years, is the only one in force, 
all others having been amended by the act of 1911 at page 8. 

Note: This act is a modification of the "Hanly" act of 1908. 

The essential features of this act are covered and embraced 
under the provisions of Sees. S316 to 8323c Burns R. S. See 
Sees. 3 60a-q of this book. 

INTOXICATING LIQUORS — LOCAL OPTION — ELECTION. 

(Acts 1911, p. 363, Sees. 8316 to 8323c.) 
360a. What shall be contained in the petition for an election — Or- 
der for an election. Under act of 1911, page 363, provision is made 
for special elections to determine, whether or not, the sale of intoxi- 
cating liquors shall be prohibited in incorporated cities, in townships 
not containing an incorporated city, or territory in civil townships ex- 
clusive of all incorporated cities. It is required that a petition, which 
is substantially outlined in the act, shall be filed with the county au- 
ditor who shall present same to the Board at its next session. The 
Board shall fix a date for such election not less than twenty nor more 
than thirty days thereafter, it being required that a ten days' notice 
of such election shall be given as is by law now provided for general 
elections. 

Note: The act defines the word "township" as used in the 
act to mean a civil township. 

360b. Petition required to contain 20 per cent, of voters. Such pe- 
tition, to be sufficient, must contain the signatures of 20 per cent, of the 
qualified voters of the territory in which election is prayed for, 

360c. How total number of votes shall be determined — Challenge 
in wi'iting — Poll-takers — Correction of poll. The numbers of electors 
shall be determined as follows; the aggregate vote cast for mayor at 



131 Board of County Commissioners. §360d 

the last general city election, when in case of an incorporated city; the 
aggregate vote for secretary of state in the case of a civil township 
not containing an incorporated city; the difference of the aggregate 
votes, as above, between the vote for secretary of state and the mayor, 
in the case of a civil township, excluding an incorporated city; and in 
case this difference can not be ascertained by such last method, the 
Board shall appoint a sufficient number of qualified electors as poll- 
takers to speedily perform the duties of making a complete poll of all 
qualified electors of such territory, as of the date of filing of such peti- 
tion. It is required that such poll-takers shall be first sworn to faith- 
fully and honestly perform their duty; such poll, when returned, to 
show the name and address and place of residence of every qualified 
voter, as of such date, within such territory. The poll is subject to 
challenge in writing, which shall summarily be heard by the Board. 

Omitted names shall be added and illegal polls shall be dropped 
from such poll. 

360d. Compensation of poll-taker~Petition for poll taking. Peti- 
tion for such poll may be filed prior to filing the petition for an elec- 
tion. If such petition for a poll is signed by ten electors of the town- 
ship, the Board must then order such poll taken. 

The compensation of poll-takers is $3 per day each, which shall 
be paid by the Board without appropriation being first made therefor. 

360e. When petition is filed, names cannot be added or removed. 
After such petition for election is filed, no voter shall be permitted to 
sign his name thereto, or to v»'ithdraw his name therefrom. 

360f. Board shall appoint election officers. When such election is 
ordered the Board shall fix and designate the voting places and pre- 
cincts in such territory; and shall appoint on the election board one 
judge and clerk, known to be in favor of prohibiting the sale of liquors 
in such territory, and one judge and clerk opposed to such prohibition. 

3<]0g. Pending proceedings, Board cannot issue license. It is re- 
quired that the Board, pending these proceedings, shall not issue any 
new license to sell intoxicating liquors in such territory until such 
election is held, and then only in the event that such territory votes 
against the prohibition of such sale. 

360h. Form of "yes" and "no" presciibed. The form of the "yes" 
and "no" ballot is prescribed in the act. 

360i. Election Commissioners — Qualifications — Other duties — Coun- 
ty Auditor. The Board shall appoint two resident freeholders of such 
territory in which the election is to be held, one known to be in favor 
of and the other opposing such prohibition, who together with the 
county auditor shall compose the election commissioners. This board 
prepares and distributes the ballots, and on the day following the elec- 
tion, meets at 10 a. m. at the office of the county auditor, when they 
shall canvass the returns and certify the result to the Board of Com- 
missioners. 

360j. Retui^ns of election^ — -Board's action. Such certificate shall 
within five days be filed with the county auditor, and the Board shall 
make and enter an order at its next regular session declaring the result 
of such election. 



§360k BoAKD OF County Commissioners. 132 

3C0k. If vote in favor of Prohibition, Board's restriction as to issuing 
a license — Subsequent election cannot be held until expiration of two 
years. If such vote shall be in favor of prohibition, the Board can 
not consider an application for license, or renewal, to sell in such terri- 
tory until at a subsequent election a majority of the legal voters there- 
in shall vote against prohibition. No subsequent election can be held 
under the act until the expiration of two years, at least, from the 
last preceding election. 

3601. When election is in favor of Prohibition — Of existing license 
null and void. If such election is declared in favor of prohibition, 
then after ninety days fiom the date of holding such election, all li- 
censes and their renewals granted in said territory, shall be null and 
void, and the holders shall be liable for the sale of any liquors, as if 
licenses had never been granted. 

360ni. Surrender of license within 90 days — Proportionate amount 
of license fee returned — Status of renewal license. If the holder of 
any such license or renewal, thus made void, shall surrender the same 
within such ninety days, the authority issuing same shall refund to 
such holder an amount proportionate with the unexpired time for which 
the license has been paid. 

For the purposes of this act, a renewal of a license shall be con- 
sidered as a new license, and all renewals shall be subject to the pro- 
visions of the act. 

360n. Status of pending matters when election declared against 
Prohibition. In the event that the election obtains against prohibition 
in such territory, it shall not affect, change or alter the legal effect of 
any order, judgment or remonstrance, but they shall remain in full 
force and effect according to the provisions of the statute under which 
such remonstrance was filed. In such case the legal voters of any 
township or ward may remonstrate against the granting of a license 
to sell intoxicating liquors as now provided by law, the same as if no 
election had been held. 

360o. Act a supplemental one — Not interfering with any other law. 
This act does not repeal or modify the "Nicholson" law of 1895, or the 
"Moore" remonstrance law of 1905, but shall be considered as an addi- 
tional law and supplemental to all laws which prohibit the sale of in- 
toxicating liquors. 

360p. How county advances expenses of election — Remuneration. 

All expenses shall be paid, as in general elections, by the Board, when 
it shall become the duty of the county auditor to file an itemized state- 
ment of such expenses, with the city clerk, or controller, or township 
trustee, and such expenses shall be paid out of the general fund of 
such city or township, without any specific appropriation being made 
therefor. 

360q. Board may consolidate voting precincts in county election. 
The Board is authorized to consolidate two voting precincts, or fraction 
thereof into one precinct, when an election is held in any township. 

Note: Jay v. O'Donnell, 178 Ind. 282. Penalties of gen- 
eral election laws apply to local option elections. State v. 
Shanks, 178 Ind. 330. 



133 Board of County Commissioners. §361 a 

INTpXICATING LIQUORS — REMONSTRANCE. 

(Acts 1911, p. 244, Sec. 8323d to 8323h-l.) 
361a. General duties of Board embraced under the Proctor Remon- 
strance Law. Under the act, 1911, at page 244, generally known as the 
"Proctor Remonstrance Law," the duties of the Board relate to the 
granting of a new license; a renewal of a license; the transfer of a li- 
cense; the suspension of a license, and the revocation of a license; also 
with such remonstrances as may be filed by a voter of the township 
whence an application is filed for a new license, renewal, or transfer 
of a license, and change of a designated agent for a hotel corporation. 

The Board's duty also relates to the hearing of a verified complaint 
filed by a voter of city, town or township containing the statement of 
any fact constituting grounds for revocation or suspension of a license. 
361b. Twenty-day publication by applicant— How made when no 
newspaper. It is required that an applicant for a new license; a re- 
newal of license; change of location; sale or transfer of license to an- 
other person; change of agent of a hotel corporation, or for a license 
to sell at wholesale, shall give notice to the citizens of the city, town 
or township in which such applicant desires to sell, by publication in 
a newspaper of general circulation in such city, town or township in 
which he applies to sell, for, at least, 20 days before the meeting of the 
Board at which such application shall be made. 

If there is no such newspaper published as above mentioned, then 
the applicant may give notice in any newspaper published in the county; 
if none is printed in the county, then by posting up notices in ten of 
the most public places in such city, town or township. 

Such notice must state the exact location of the premises in which 
the applicant desires to sell, and when a hotel corporation is an ap- 
plicant, the name of the agent who is to have control, and the general 
supervision, shall be given in the published notice. 

861c. QUALIFICATIONS AND REQUIREMENTS OF AN APPLI- 
CANT TO SELL. 

The application must be made in writing, and the qualifications and 
requirements of an applicant must be as follows: 

1st. If the applicant is an individual he must be a male inhabitant 
over the age of 21 years, who has been a resident of the state for one 
year and in the city, town or township, for six months and a qualified 
voter, thereof, in the city, town or township, wherein he desires to sell. 

2d. If a copartnership, it must be composed of male inhabitants, 
all of whom have resided in the state one year, and in the city, town 
or township for six months, wherein they desire to sell. 

3d. If a hotel corporation, it shall designate its agent, who shall 
have control and general supervision of the sale of intoxicating liquors, 
who shall possess all the qualifications required of an individual li- 
censee, and which hotel shall have twenty-five rooms, or more, used 
for the reception of guests. 

4th. If the applicant is not a citizen of the United States, he must 



§36 Id Board of County Commissioners. 134 

have filed his declaration of becoming such, and have been a resident 
for 10 years, and possess all the other qualifications. 

5th. The applicant must be the bona fide lessee of the premises 
described in his application for the time such license shall run, or be 
the ow^ner of such premises. 

6th. The applicant, as an individual, copartners, or agent of hotel 
corporation, must not be the agent or employe of any firm or corpo- 
ration engaged in the manufacture or sale of any article to be sold by 
such applicant. 

7th. The applicant, as individual, members of a firm, or agent of 
hotel corporation, must not be the holder of any other license for the 
sale of intoxicating liquors at retail. 

8th. The applicant must be the actual and sole owner of the 
business, and no other person, firm or corporation can have any inter- 
est, directly or indirectly therein. 

9th. It must be shown that such license is desired for the appli- 
cant's own use, and not for the benefit of any other person, firm or 
corporation. 

10th. It must be shown that since the taking effect of this act 
(March 4, 1911), the applicant, as individual, member of copartner- 
ship, or designated agent of hotel corporation, has not directly or in- 
directly solicited, received or accepted, and that during the continua- 
tion of the license applied for, or any renewal thereof, will not directly 
or indirectly solicit, receive or accept from any person, firm or corpora- 
tion engaged in the manufacture or sale of intoxicating liquors, any 
gift, loan of money, furniture or fixtures, or any assistance of any kind. 

11th. It must be shown that the applicant as individual, each 
member of a copartnership or designated agent of a hotel corporation, 
shall be found fit to be entrusted with the sale of intoxicating liquors, 
of good moral character and not in the habit of becoming intoxicated. 

PROHIBITIONS. 

36 Id. Causes named which will prohibit Board from granting a 
license. This act provides: 

1st. That no license shall be granted to any person who shall have 
been convicted of a felony within fifteen years, prior to the hearing. 

2d. That no license shall be granted to any new applicant, who, 
prior to the passage of this act, (March 4, 1911), has been convicted 
of any violation of the liquor laws, twice in any period of four years. 

3d. That no renewal license shall be granted to any person who 
has been convicted twice in any period of two years after this act 
takes effect (March 4, 1911), for any offense against the liquor laws 
since the passage of this act. 

4th. That the number of retail licenses may be granted in any city, 
town or township, shall not be more than one for each 500 inhabitants 
thereof, which number may be further limited by the Board to any 
number not less than one to each 1,000 inhabitants of such city or 
township. See Sec. 361e, this book. 



135 Board of County Commissioners. §361 e 

5th. That no license shall be granted to conduct a saloon in any 
room situated within 400 feet of any school building, which school 
building is not within the corporate limits of any city or town. 

361e. Definition of '* township "—Board fixes limitation of number 
of licenses — How population to be reckoned — Limit one license for 500 
population, may be reduced to one for each 1,000. The act requires 
that the Board shall fix the limitation of number of retail licenses, if at 
all, at its first meeting after the act took effect. 

The word township is defined to mean a civil township containing 
no city, or that portion of a civil township lying without the corpo- 
rate limits of any city. 

In determining the number of inhabitants in any city or township 
in which there is no city, for the purposes of the act, the number shall 
be taken as being five times the greatest aggregate vote for all candi- 
dates for any office in such township or city, at the last general election 
held therein preceding the filing of such application for license, and 
the number of inhabitants in any township outside the corporate 
limits of any city located therein, shall be determined by the last 
U. S. census taken in such township preceding the filing of such appli- 
cation. 

361f. Applications must be in A\Titing — What must be embraced 
therein — Applicants must subscribe and swear to application. The ap- 
plication for license shall be in writing, and shall be filed with the 
county auditor, in which shall be specifically described the room in 
which the applicant desires to sell intoxicating liquors, and the exact 
location of same, and when there is more than one room in the build- 
ing it shall specify the exact room which is to be in use for such sale. 

The application shall also include all the material matters set forth 
under the heading, above "qualifications and requirements", as to in- 
dividuals, partnerships and a corporation. See Sec. 3 61c, this book. 

The application shall be subscribed and sworn to by the applicant, 
as an individual; each member of the firm of a copartnership; and 
when a hotel corporation, by its president, its secretary or treasurer, 
and also by the designated agent, before some officer authorized to 
administer oaths, 

361g. Bond $3,500 required of each licensee, approved by auditor. 

If it is found by the Board at the hearing that the applicant is en- 
titled to such license, it shall be issued to such applicant upon such 
applicant giving bond payable to the State of Indiana, with at least 
two freehold sureties residing in the county, or an approved surety 
company, to be filed and approved by the county auditor. Such bond 
shall be in the sum of $3,500, and conditioned that applicant will keep 
an orderly house; pay all fines and costs assessed against applicant, 
and all judgments or civil damages arising from unlawful sales. 

In all cases where the bond so given is a personal one, no person 
shall be accepted as surety on more than one bond in force at any 
time. 



§36 Ih Board of County Commissioners. 136 

LICENSE FEES. 

36 Ih. Annual license fee $200 — Obtains to county tuition fund — 
Privilege of liquors to be drunk on specified premises. Upon the exe- 
cution of the $3,500 bond required and the presentation of the order 
of the Board granting such license, together with county treasurer's re- 
ceipt for $200, as license fee for one year, the auditor shall issue 
the applicant a license for the sale of intoxicating liquors, with the 
privilege of permitting the same to be drunk on the specified premises, 
for the period of time for which the license was granted. 

The whole of such fee, $200, shall be paid into the tuition fund of 
such county. 

WHOLESALE LIQUOR LICENSES. 

361 i. License to sell wholesale- — Proceedings in application — 
Board's determination — Annual license $200, how distributed. A 

wholesale dealer is defined as, an individual, firm, or corporation, who 
does not sell in less quantities than five gallons at a time. 

Section 2 5 of the act provides that any wholesaler or manufactur- 
er of intoxicating liquors, located and engaged in such business in any 
incorporated town or city where such sale is not prohibited, desir- 
ing to sell and deliver goods so manufactured or handled, as an incident 
to his business, may make application to the Board for license, to be 
issued on the order of such Board. 

The notice of his application shall be given as in the case of a re- 
tail liquor license. 

The Board must determine that such privilege, to be exercised by 
the applying wholesaler or manufacturer, is for such sales as incident 
to, and not as the sole or principal part of the business of the appli- 
cant. 

The license fee for such wholesaler or manufacturer's license is 
$20 per year, one-half to go to the tuition fund of such county, the 
other half to the city or town where the said business is to be con- 
ducted. 

No bond is required in the case of a wholesaler or manufacturer. 

RENEWALS. 

361 j. Renewal of license — Application for new license withheld un- 
til determination of renewals prior to writing of renewals — ^Withhold- 
ing new application, when. A license may be renewed by the Board 
from time to time for the period of one year, as such license, or any 
renewal thereof, may expire, upon the filing of an application for such 
renewal with the auditor of the county wherein such license was issued, 
at the time, and manner, and by giving notice as has herein been men- 
tioned.. 

A like bond of $3,500, and license fee of $200, obtain to a renewal, 
the same as to a new license; and when a renewal has been ordered by 
the Board, the auditor shall issue a certificate which is of the same 
effect as the original license. 

In all applications for license to retail intoxicating liquors, the appli- 



137 Board of County Commissioners. §361k 

cations for renewals shall take priority, and no application for a new 
license shall be heard or considered until the applications for renewals 
shall have been first decided. 

In case of the rejection of an application for a renewal, the Board 
shall not act on an application for a new license, and shall not fill 
the place of such rejection, until the time for appeal has expired, which 
right of appeal the act gives to the applicant. 

CHANGE OF LOCATION. 

361k. Change of location — Procedure of Board — Prohibition of 
transfer from township to city, or city to township. Any holder of a 
license, or its renewal, desiring to move his place of business from one 
room to another, in the same city, town or township in which he is 
licensed, may apply to the Board for this permission. 

The same newspaper notice is necessarj^ giving the required facts 
as to such locations. 

If the Board shall find that the applicant is fitted as required by 
the act, and shall find in favor of the application, the Board shall grant 
such leave to transfer such applicant's license to such specified new lo- 
cation, upon the applicant giving bond to the State of Indiana, as be- 
fore required. When the right to sell at the new place is granted, it 
shall cease at the former place. 

No transfer shall in any case be granted from a township to a city 
or from a city to a township. 

Note: It is evident that a transfer can not be made from 
an incorporated town to a township, or from a township to an 
incorporated town. — Editor. 

SALE OR TRANSFER OF LICENSE TO ANOTHER PERSON. 

3611. Sale or transfer of license to another person — Pi'ocedure. 

The holder of any license, or renewal thereof, may file with the Board 
a petition asking permission to sell or transfer his license, or its last 
renewal, to some other named person, copartnership or corporation, 
desiring to purchase same. 

The party desiring to purchase, and have transfer of such license, is 
required to give the newspaper notice concerning such deal, giving 
facts as to location and license sought to be purchased, and shall apply 
to the Board in writing. 

The Board if it determines that such applicant is fitted to sell in- 
toxicating liquors, and shall find that such transfer should be made, 
shall authorize such transfer, and enter its order accordingly, to be 
effective upon applicant executing and filing a bond for $3,500, as be- 
fore required, to the approval of the county auditor. 

CHANGE OF CORPORATION AGENT. 

361m. Application to change corijoration — Procedui'e. Any hotel 
corporation holding a license, or its renewal, desiring to change its 
agent, or any subsequent one, to be named in place of its designated 
agent, shall give the required newspaper notice; may apply to the 



§361n Board of County Commissioners. 138 

Board, in writing, giving particulars of its license; and the Board 
finding such person to be fitted to sell intoxicating liquors, shall enter 
its order substituting the person designated as such agent. 

DEATH OR INSANITY OF LICENSEE. 

361n. Death or insanity of licensee^ — Procedure. In case of the 
death or insanity of the holder of any license, or of a renewal, the 
personal representative of such licensee, with the approval of 
the court, may file with the auditor, his written election to either con- 
tinue or surrender the license, or renewal. 

If he elects to continue the business, and being found by the Board 
to be fit person, upon filing a bond of $3,500 to the approval of the 
county auditor, upon the same conditions as other applicants, he shall 
be permitted to continue such business for a term of six months, unless 
the license of the holder does not expire within the said time. 

If found'that such personal representative is not a fit person to per- 
sonally conduct the business, he has the right to name a third person 
to conduct the business as his personal representative. Such third per- 
son is required to fill the legal requirements as to fitness, filing of 
like bond to the approval of the auditor as hereinbefore outlined, when 
he shall have the right to continue the business for six months, unless 
the license expires within the said time. 

During such period of continuance, the personal representative may 
transfer the license the same as other transfers are made and sold. 

The personal representative is amenable to all the prohibitions and 
provisions of the law as though he were an original holder. 

At the close of such continuance, he may, as such personal repre- 
sentative, apply for a renewal of such license. 

In case the personal representative elects to surrender such license, 
or its renewal, the Board shall order a refund of the license fee out of 
the county treasury for the proportionate part of the unexpired year. 
361o. Bankruptcy or receivership of licensee — Procedure. Under 
the provisions of Act 1913, p. 627, Sec. 8328p, Burns R. S., when pro- 
ceedings in bankruptcy, or receivership, are had for the property of 
the holder of a retail license, the receiver, or trustee, may within sixty 
days from the date of his appointment apply to the Board for the sale 
and transfer of such license, in all respects as the licensee might have 
done. 

Such application shall be made and action taken by the Board as 
by the law provided. All the rights of the original licensee shall pass 
to the transferee. 

Pending the application such licensee may continue his business, 
paying the net profits of the business to the receiver, being amenable 
to all laws and regulations respecting the sale of intoxicating liquors. 

REMONSTRANCES. 

361p. Right of remonstrance on any and all applications — Duties 
of the Board. In all the kinds of applications, viz.: for a new license; 
renewal of license; change of location of license; sale or transfer of 



139 Board of County Commissioners. §361 q 

license; change of corporation agent, and for a wholesale or manu- 
facturer's license, the act gives the right to any voter of the township 
in which the business is located, to file his remonstrance against the 
granting of any license, for the same reasons as are given in remon- 
strances filed against applicants for license. 

Such remonstrance shall be heard and determined by the Board, 
and no action shall be taken toward such application and no license 
ordered until such remonstrance is heard and determined by such 
Board in favor of the application. 

A remonstrance lo be heard must be filed five days before the meet- 
ing of the Board at which such application is to be heard. 

Note: In case of an application for a change of location, 
any voter of the township, town or city to which the location 
is sought, may remonstrate. 

REVOCATION AND SUSPENSION OF LICENSE. 

361q. A surety can be accej)ted only on one bond in force — Causes 
for suspension or revocation — Effect of. The Board has power to re- 
voke any license, if, after notice and a hearing, it finds that any of 
the following causes exist, viz.: 

1st. If a licensee, a member of a copartnership, or the agent of a 
corporation, holding a license has, within a year, been convicted of a 
felony; has violated a law against lewdness; or is grossly immoral, 
or is unfit to conduct a saloon. 

2d. If such licensee, member, or agent, has within the two years 
preceding, been adjudged guilty the third time of violating any act 
regulating the sale of intoxicating liquor. 

3d. For any corporation continuing the sale of intoxicating liquor 
pending the refusal of the Board to substitute another agent, or pend- 
ing appeal therefrom to the circuit or superior court, before the appoint- 
ment of a suitable person or agent. 

4th. The failure of licensee to pay his license fee to the proper 
incorporated town or city. 

The act sets out a code for unfitness of a licensee on which the 
Board shall make a finding, viz.: having been found guilty of viola- 
tion of any law regulating the sale of intoxicating liquors; permitting 
persons of lewd character to frequent his place of business; permit- 
ting obscene pictures, or pictures of nude females, to be exhibited, or 
other misconduct, and upon such finding, the Board shall suspend his 
license for a period not exceeding thirty days for the first offense, and 
for a second offense within two years not exceeding sixty days, and for 
the third offense within a period of two years the Board shall revoke 
the license. 

If the Board, upon notice, finds that the licensee has knowingly per- 
mitted gambling in his place of business, or in premises under his con- 
trol, no license shall thereafter be granted him. 

The violation of any agreement in his application subjects the li- 
censee to a suspension of his license for a determinate period, or to a 
revocation of the same. Any revocation prevents a license for two 



§361r Board of County Commissioners. 140 

years. No suspension or revocation shall obtain until the Board shall 
have given the licensee a hearing after ten days' notice of the grounds 
therefor and of the date for such hearing. 

TERM OF LICENSE. 

361r. Duty of Board when appeal is taken — Term of license— Privi- 
lege of licensee to continue business during application for renewal. 

Under the original act the term of the licensee was for one year, no 
more, no less, to be dated and begin on date the Board granted such 
license, or in case of an appeal, from the date of the judgment of the 
court. Under the amending act 1913, page 32 2, it is provided that the 
term shall be for one year, no more, no less, and the license shall 
date from the order of the Board granting the same, and in case of 
an appeal, it shall likewise date from the order of the Board, pro- 
vided the application is for a new license. If the application is for a 
renewal, the renewal shall date from the day following the expiration 
of the original license or renewal. 

Where an original license or its renewal is refused by the Board, 
and upon an appeal the court grants such license or renewal, it shall 
be dated as of the date of such court's finding. 

In case of application for renewal the applicant may continue his 
business until the Board determines such application. 

If the renewal is granted by the Board its date shall be the day 
following the date of expiration of the license or renewal so renewed. 
361s. Jurisdiction of circuit and superior courts as to revocation, 
renewals and transfers. Any party to the record in any proceeding 
before the Board of Commissioners, had under any of the pro- 
visions of this act, feeling aggrieved by the decision of the Board 
therein, except as in this act otherwise expressly provided, may 
appeal from such decision of the Board to the circuit or superior court 
of the county, at any time within ten days thereafter, without notice, 
upon filing with the county auditor a written undertaking with suffi- 
cient sureties, to the approval of such auditor, for the payment of 
all costs that may be adjudged against such appellant upon such appeal: 
Provided, That no appeal taken from any order of the Board granting 
license, or any renewal thereof, or granting permission to transfer the 
same from one location to another, or from one person, firm or corpo- 
ration to another, or substituting one person for another as the agent 
of a corporation holding such license, shall suspend the right of the 
holder of such license while such appeal is pending in the circuit or 
superior court, to sell intoxicating liquors thereunder, and under the 
order and judgment of said board so appealed from, as though such 
appeal had not been taken, and the holder of such license shall not be 
liable as seller without license for sales made during the pendency 
of such appeal, but shall be liable for the violation of any of the pro- 
visions of this act during such time, as though such seller had been 
regularly licensed. 

All matters relative to revocation, renewal or transfer may be made 
in circuit or superior courts, which is given the jurisdiction, the same 



141 Board of County Commissioners. §361t 

as with Boards of County Commissioners and under the act, shall 
have prompt hearing. 

Board of Commissioners vs. Scanlan, 17 8 Ind. 336; 
State vs. Board of Commissioners, 101 N. E. 813; 
Jay vs. C'Donnell, 178 Ind. 282; 
Cox vs. Tims, 105 N. E. 

(Acts 1915, p. 20.) 

361t. Liquor license — Fees refunded. In all cases where a license to 
sell intoxicating liquors as a beverage has been granted by any Board 
of County Commissioners or circuit or superior court to any person, 
firm or corporation, and such licensee, in good faith, relying on i^^e 
validity thereof, took out such license, and paid the required fse there- 
for to any county, city or incorporated town, and thereafter the su- 
preme court decided that, under such circumstances, such Board or 
court had no legal authority to grant such license or licenses, then, 
and in any such case, the Board of Commissioners of any such county, 
or the common council of any such city, or the board of trustees of 
any such incorporated towns, are hereby authorized to refund to such 
licensee the proportionate part of the license fee so paid to such county, 
city or incorporated town for tlie time such license had to run after 
such decision by the supreme court, such proportionate part of the 
license fee so refunded shall be paid out of the general funds of such 
city, county or incorporated town, as the case may be. 

Note: This act does not provide for the return of license 
fee which has been paid to the township. 

361u. The "Moore" Remonstrance Amendment — Remonstrance — 
Forms. If three days before any regular session of the Board of 
Commissioners of any county, a remonstrance in writing, signed by a 
majority of the legal voters of any township, or ward in any city sit- 
uated in said county, shall be filed with the auditor of the county 
against the granting of a license to any applicant or against such grant- 
ing to all applicants for the sale of spirituous, vinous, malt or other 
intoxicating liquors, under the law of the State of Indiana with the 
privilege of allowing the same to be drunk on the premises where sold 
within the limits of said township, or city ward, it shall be unlawful 
thereafter for such Board of Commissioners to grant license to any 
applicant therefor during a period of two years from the date of filing 
of such remonstrance against all applicants: if any such license should 
be granted by said Board during said period, the same shall be null 
and void, and the holder thereof shall be liable for any sales of liquors 
made by him the same as if such sales were made without license, and 
such violator of the law shall be subject to arrest and punishment 
as if no license had been issued. The number to constitute a majority 
of the voters herein referred to shall be determined by the greatest 
aggregate vote cast in said township or ward for candidates for any 
office at the last election preceding the filing of such remonstrance: 
Provided, however, That any remonstrance which is not directed per- 
sonally against an individual, but which is directed against all appli- 



§362 BoAED OF County Commissioners. 142 

cants, shall be separate and distinct, shall contain the name of no in- 
dividual, but shall be directed to the Board of County Commissioners 
directly against the issuing of any such license to any person during 
the said two years: And provided further, That the following formo 
of remonstrance shall be sufficient under the foregoing provisions of 
this section, viz, : 

(a) Form of remonstrance against a particular person: 

State of Indiana, county of Kosciusko, ss.: To the honorable Board 
of Commissioners of said county: 
We, the undersigned, legal voters in the township of Harrison (or 
third ward in the city of Warsaw) in said county and state, hereby 
respectfully represent that we are opposed to the granting of a license 
to John A. Brown, who has given notice of his intention to apply there- 
for, for the sale of intoxicating liquors in said township (or ward). 

(b) Form of remonstrance against issuing any such license to any 
person: 

State of Indiana, county of Grant, ss: To the honorable Board of 
Commissioners of said county: 
We, the undersigned, legal voters in the township of Harrison (or 
third ward in the city of Marion), in the county and state aforesaid, 
do hereby respectfully represent that we are opposed to the traffic in 
intoxicating liquors and. we hereby object to the granting of a license 
to any person for the sale of intoxicating liquors in said township (or 
ward). 

JAIL — COUNTY. 

(Acts 1 R. S. 1852, p. 345, Sec. 9811.) 

362. Law requiring establishment and keeping of. There shall be 
established and kept in every county, by authority of the Board of 
Commissioners, and at the expense of the county, a prison for the safe- 
keeping of prisoners lawfully committed. 

(Acts 1 R. S. 1852, p. 345, Sec. 9812.) 

363. Grand jury's inspection — Report to Boaid. The grand jury 
at each term of the circuit court shall make personal inspection of the 
condition of the jail, as to the sufficiency of the same for safe-keeping 
of the prisoners, their convenient accommodation and health; to in- 
quire into the manner it has been kept since the last term, and the 
court shall give this duty in special charge of the jury. 

It shall be imperative upon the Board to issue the necessary orders, 
or cause to be made the necessary repairs, in accordance with the com- 
plaint or recommendation of the grand jury. 

(Acts 1858, S. p. 141, Sec. 9813.) 

364. Duty of Board when grand jury condemns condition. When- 
ever any grand jury shall condemn any jail, as unsafe, or shall recom- 
mend that better provision shall be made for the prisoners as respects 
air, clothing or heating the same, the Board shall cause the same to 
be repaired, and in all cases, provide for sufficient ventilation and 



143 Board of County Commissioners. §365 

bedding, and when no provision has been made for heating the jail 
the Board shall cause the same to be done. 

(Acts 1909, p. 397, Sec. 9812a-d.) 

365. Jurisdiction, State Board of Charities. By an act approved 
March 8, 1909, the Board of State Charities is given a general super- 
vision of the county jails, and act through the circuit court. Section 
4 of the act provides that it shall be the duty of the sheriff to report 
in writing quarterly to the Board of Com.missioners the condition 
of the jail and of any needed improvements or repairs. The Board 
is required to visit the jail once in each three months, 

(Acts 1 R. S. 1852, p. 345, Sec. 9816.) 

366. Board of prisoners, Board to allow for — When city liable for. 

When a prisoner is committed for crime, or in any suit on behalf of 
the state, the Board shall allow the sheriff a reasonable charge for 
boarding such prisoner. (See Sec. 1022, costs 3 7, "Pees and Salaries," 
1913.) 

Note: The courts hold that cities are liable for the keep- 
ing, receiving and discharging of prisoners committed under 
the authority of the city for violation of its ordinances. 

(Acts 1891, p. 114, Sec. 9825.) 

367. Law to erect (Indianapolis) jail. Under an act approved 
March 5, 1891, it Avas made lawful for Board of counties having a 
population of 100,000 as per last U. S. census, to issue bonds to the 
amount of $150,000, bearing 5 per cent, interest, for the purpose of 
raising funds to build a county jail, under specific conditions as to 
advertisement of, reception of bids, and sale of the bonds by the county 
treasurer. 

(Section 9826.) 

368. Levy of tax. The act further provides for a tax levy to be 
made by the Board at its next June session upon the taxable property 
of the county, to create a sinking fund for the payment of such bonds 
and interest; such tax levy is fixed at 5 cents on each $100. 

(Acts 1891, p. 114, Sec. 9827.) 

369. Liiniitation of Board. The total expenditure for construction 
of and furnishing said jail and grading the grounds, shall not exceed 
the amount of proceeds of sale of such issue of bonds. 

Note: At this date the act of 18 91 obtains only to Marion 
County. 

JUDGES CIRCUIT AND SUrERIOR COURTS, ADDITIONAL SALARY. 

(Acts 1913, p. 61, Sec. 165 2.) 

370. When and how may secure additional salaries in certain coun- 
ties — Without council's appropriation. By the provisions of an act 
approved February 24, 1913, the annual salary of judge of the circuit 
and superior courts was fixed at $3,500, payable by the state; the act 



§371 Board of County Commissioners. 144 

further provided that in judicial districts, containing a city with a pop- 
ulation of more than 30,0 00, or cities containing an aggregate of 
60,000, as shown by last preceding U. S. census, upon petition signed 
by twenty or more resident freeholders of the county, representing 
such amount to be an adequate compensation for the services of such 
judge, and that the salary should be increased in a specified amount, 
limited to the specified amount, and not to exceed $1,5 00 per annum, 
may be granted by the Board, after hearing evidence in open session, 
by entry of record. No appropriation by the council is required to 
authorize such allowance and payment. 

(Acts 1893, p. 341, Sec. 1653.) 

371. When once fixed, can not be diminished. Such addition to the 
salary of such judge as ordered by the Board, is payable out of the 
county treasury and payable quarterly; and such increase of salary, 
so fixed by the Board, shall not be diminished during the term of office 
of such judge; such allowance and the proceedings of the Board in 
relation thereto, if in compliance with the act, shall be final and con- 
clusive. 

(Acts 1899, p. 91, Sec. 1654.) 

372. When may secure additional salary. In judicial circuits com- 
posed of three or more counties, whenever 200 or more resident free- 
holders, in any one of them, may file their petition to the Board, rep- 
resenting that the annual salary of the judge of such circuit is inade- 
quate and should be increased in a specified amount, at either a special 
or regular meeting, the Board may consider such petition and hear 
evidence thereon, and may by entry of record make such increase 
sought, limited to $500 per annum. 

(Section 1655. 

373. Additional salaiy payable quarterly. Upon such allowance be- 
ing made by the Board, such increase is made payable quarterly out 
of the treasury of the county. 

JUDGMENTS. 

(Acts 1 R. S. 1852, p. 224, Sec. 6001.) 

374. County liable for — Lien on county ijropei'ty — Board's allow- 
ance — Duty of auditor. When any judgment has been obtained against 
the Board in its corporate capacity, the public property of the county 
shall be liable therefor. The court, in rendering judgment, shall allow 
the Board a reasonable time, if it be necessary, to assess and collect 
a sufficient amount to pay and discharge the judgment in addition to 
the ordinary expenses of the county. 

Note: This section must be read in connection with Sec. 
5945 Burns R. S., Sec. 198, this book. 

(Acts 1911, p. 414, Sec. 6004b.) 

375. Auditor's duty — Warrant. By an amendment of March 4, 
1911, it is provided that in the event of judgment against the county. 



145 Board of County Commissioners. §376 

in a case in which the county was a party and was duly served with 
process for the payment of any claim against the county, and upon 
filing of certified copy of such judgment, decree or order with the au- 
ditor, and the allowance thereof by the Board, such auditor shall 
issue his warrant therefor. 

Note: See Sec. 261, this book. 

JUSTICE OF THE PEACE. 

(Acts 2 R. S. 1852, p. 13, Sec. 9448.) 

376. When shall hold inquest over dead body. In the case of the 
inability or from absence from the county of the county coroner, any 
justice of the peace may hold an inquest over any dead body, if death 
occurred by violence or casualty. 

(Acts 1875, p. 92, Sec. 9154.) 

377. Board shall fill vacancy. Whenever a vacancy occurs in the 
oflace of justice of the peace, the Board shall fill the same by appoint- 
ment. The auditor shall certify such appointment to the governor who 
shall commission such justice to serve until his successor is elected 
and qualified. 

(Acts 1891, p. 33, Sec. 1704.) 

378. When Board shall appoint in an incorporated town. Upon the 
petition of the majority of the Board of Trustees of an incorporated 
town which has not a resident justice, the Board shall appoint a jus- 
tice of the peace, who shall reside, and hold his oflEice, in such incor- 
porated town. The Board shall certify such appointment to the gov- 
ernor, who shall commission such justice until his successor is elected 
and qualified. 

(Acts 1905, p. 584, Sec. 1935.) 

379. Boards cannot make allowance to attorneys appointed by J. P. 

Note: The courts have decided that attorneys appointed 
by justices to defend persons charged with crimes can not 
recover compensation from the county. 

(Acts 1913, p. 834, Sec. 1700.) 

380. 1913 law relative to J. P. — Number of — Cities 45,000 to 100,000 
— Five in tow^nshiij over 100,000. The number of justices of the peace 
in each township shall be regulated by the Board, by a proper order 
of record. 

The act of March 15, 1913, limits the number to two for each 
township and one in addition for each incorporated town therein, and 
one in addition for each incorporated city therein, the auditor being 
required to certify such order to the clerk of the circuit court. 

In no case shall the number exceed five justices in a township 
containing a city of 100,000 or more by the last U. S. census (Indian- 
apolis). In townships containing such city the Board shall designate 
where such justices shall hold their offices, with rules for keeping 
open such oflaces. 

This act also gives the Board power to designate where justices 

10—4842 



§381 BoAED OF County Commissioners. 146 

shall hold their offices in townships containing a city of 45,00 to 
100,000, according to the last census, and to require such justices to 
keep their offices open every day, during business hours, Sundays and 
legal holidays excepted. 

Note: The last provision above now applies to the town- 
ships in which Evansville, Ft. Wayne, Terre Haute and South 
Bend are situated. 

LABORERS . 

(Acts 1889, p. 143, Sec. 7977.) 

381. Eight hours work a day's work — Exceptions. By an act, ap- 
proved March 6, 188 9, eight hours shall constitute a legal day's work 
for all classes of mechanics, workingmen and laborers, excepting those 
engaged in agricultural or domestic labor, but overwork by agreement 
is permitted. 

TiAKES ( FRESH WATER ) . 

(Acts 1905, p. 447, Sec. 6162.) 

382. How^ to determine high-water mark, when lost. Boards are 
prohibited from ordering or recommending the location of a ditch or 
drain cutting into or through or upon the line of any fresh water lake, 
or from, in any way, constructing a ditch within forty rods of any lake 
with a grade lower than the present known water line of the lake. 

The highest mark of water in such lake, for the ten years last past, 
to be taken, in the event the line is lost. 

LEASING COURT HOUSE. 

(Acts 1909, p. 260, Sec. 5989a.) 

383. When Board may lease portion of court house. The Board, 
in the case that there is a portion of the court house not needed for 
county purposes, has authority to lease such portion to the city or 
town, where court house is located, for a period not to exceed ten 
years. 

The lease may include light, heat, water and janitor service and 
the rate charged shall be fair and reasonable, and the rents payable 
semi-annually, on June 1st and December 1st of each year. 

le\:ees. 

(Acts 1907, p. 404, Sec. 8192.) 

384. Preliminary proceedings before circuit court. Under the pro- 
visions of an act, approved March 9, 1907, when five or more persons 
shall be benefited and protected from overflow by the construction of 
a levee, the preliminary proceedings in such construction are conducted 
under the jurisdiction of the circuit court, which preliminaries are 
set out and found in Acts of 1911, at page 668; Acts 1907, at page 
404; Acts 1911 at page 172, and Acts 1909, at page 390. 

Where the contract price of the construction of such levee is over 
$5,000, the act provides for the issuance of 10-year bonds for its pay- 



147 Board of County Commissioners. §385 

ment, and the proceeding then comes within the jurisdiction of the 
Board. 

(Section 8192.) 
385. Board's jurisdiction obtains in issuance of bonds in payment — 
Procedure. The bonds, which cover the amount of the total contracts 
and incidental expenses, shall be issued in denominations of not less 
than $100, except the last bond. Such bonds shall bear six per cent, 
interest, payable semi-annually on the first days of June and Decem- 
ber. All bonds shall bear interest from the day of letting the contract, 
and shall sell at not less than par value. The bonds must show on 
their face for what purpose they were issued and shall be payable out 
of collections made on the assessments and not otherwise. 

To provide for the payment of such bonds and interest the Board 
shall order the auditor to prepare a "levee duplicate" to cover such 
collections to be made by the treasurer. 

Note: For full information, reference should be had to the 
act itself. 

LEVEES, DIIvES, ETC. 

(Acts 1913, p. 433, Sec. 8233b to 8233e-l.) 
386a. 1913 law — How association may be incoiiDorated. Under an 
act, approved March 10, 1913, it is specially provided that nothing 
therein shall be construed to repeal, or affect in any way, any of the 
provisions of the act approved March 9, 1907. 

The first twelve sections of the act cover the incorporation of an 
association for construction, extension, changing, improvement, main- 
tenance or repair of any levee, dike, breakwater, dam, sewer, ditch, 
drain, diversion channel, creek, water course, pumping station, syphon, 
flood gate, w^aste gate, or in a combination of more than one of these 
objects, or in any work deemed by them to be necessary for, or to be 
in aid to, the protection, reclamation or improvement of any wet or 
overflowed land, or lands subject to overflow, or to change, improve or 
repair same; the election of officers; survey and specifications and cer- 
tain restrictions, before any work can be commenced by the board of 
directors. 

386b. Petition to Board for appraisers. The directors, after the fore- 
going preliminaries, may then apply to the Board of that county in 
which it is believed the largest amount of the specified proposed work, 
in value, is located, for appraisers to assess benefits and damages. 

Such application should contain: 

1st. The location and general description of the work proposed to 
be done or maintained; 

2d. The estimate of its entire cost, distributed in the several coun- 
ties; 

3d. The names, as petitioners, of either a majority of owners of 
lands, or of the owners of two-thirds of the lands in acres to be bene- 
fited by such proposed work. 

386c. Intervening petition — Action of Board. An intervening peti- 
tion may be filed, setting up the facts, by a non-petitioner, who will be 



§386d Board of County Commissioners. 148 

affected by the proposed work that the third specification above does 
not state facts; the original petitioners may file an answer in general 
denial. 

The issue thus formed shall be set for hearing and determination 
by the Board within ten days from the filing of the answer. 

Any party aggrieved by the action of the Board may appeal to the 
circuit court, within five days, the auditor being required to make 
and file, with the clerk thereof, a complete transcript, together with 
the intervening petition. The appellant is required to give bond to 
the approval of such auditor, for all adjudged costs. 

Upon sufficient proof that the statements in the third specification 
of the petition are true, together with the other facts set out in the 
petition, the Board shall appoint three disinterested, resident freehold- 
ers as appraisers, no two to be of the same county, unless there are 
only one or two counties involved. When two counties are involved, 
then two appraisers from the county where the petition is filed by the 
Board shall be appointed. 

The remaining portion of the section outlines the duties of the 
appraisers relative to assessment of benefits and damages, and the 
next section of the act provides that all interested owners of lands 
shall be served with notice of time and place, when and where the 
appraisers will begin their examination, such time and place to be 
named by the directors. 

386(1. Concerniiig report of appraisers. The appraisers must make 
an examination of all the lands and roads which, in their judgment will 
be affected, and if they find the proposed work will be of public con- 
venience or welfare, or will benefit the public health, or any public 
road or roads, they shall find that the proposed work will be of public 
utility, and the Boards and courts shall so find upon such facts when 
construing this act. 

386e, When report is against public utility. If the appraisers find 
that the proposed work is not of public utility they shall so report and 
file report with the auditor, who shall fix a date within thirty days 
thereafter for the Board to hear and determine the question of public 
utility. Such hearing shall be advertised by the auditor by one pub- 
lication in some county newspaper at least ten days before the fixed 
time of the meeting of the Board. 

The Board shall then hear the evidence offered and shall determine 
whether or not said proposed work is of public utility. If found un- 
favorably, the Board shall dismiss the proceedings at the cost of the pe- 
titioners. 

386f. When report is in favor of public utility. If the Board de- 
termines, or if the appraisers find, that the proposed work is of public 
utility, such appraisers shall follow up their duties by examination of 
the lands affected, or appropriated and their value; material required 
as set out in the specifications; the public roads and other contingencies 
mentioned in the act, and they shall determine and fix amount of as- 
sessed benefits and damages on lands to be described, with the owners 
of same, and return the appraisement to the clerk of the association, 



i 



149 Board of County Commissioners. §386g 

in whose hands it remains open for inspection until the meeting of the 
appraisers to equalize the assessments, as in the act provided. 

386g. Kequireiiients to be covere<l in the rei>()rt. The act mentions 
the requirements as to sufficiency of descriptions of lands; notice to 
non-residents; right of appeal; the cases where benefits assessed are 
greater than the damages, and where damages exceed the benefits; and 
provides that the directors may apply to the Board, where such work 
has been in part or wholly completed, for permission to come under the 
operation of the rules governing, under Sec. 13 of the act. 

38(>h. Board's action as to issuance of bonds — When in more than 
one county. After the intermediate duties of the appraisers covering 
the equalization of assessments, the hearing of complaints by them 
have been performed and they have completed and perfected their 
schedule of assessments, and have made the required affidavits, they 
shall deliver same, together with a copy of the order of the Board of 
their appointment, to the clerk of the association, likewise a copy for 
filing with the recorder, which when recorded makes a lien on the re- 
spective lands therein assessed. 

;586i. Action of Boards subject to ai)i>eal to circuit court. The act 
provides for an appeal to the circuit court by any one interested within 
ten days from filing the schedule of assessment in the recorder's of- 
fice by filing an appeal bond and for letting the work by contract. 

After all the foregoing preliminary matters are accomplished, the 
directors may apply to the Board of Commissioners to issue county 
bonds to raise money to construct the work. The Board, being satis- 
fied that all the necessary proceedings have been complied with, shall 
cause such bonds to be issued for the amount required to complete the 
work in such county, the bonds to run not to exceed fifteen years, and 
to draw interest not to exceed 6 per cent., payable semi-annually. 

When the work is in more than one county, the Boards of such 
counties shall meet in joint session, at the principal office of the asso- 
ciation, and then and there determine the whole amount of bonds to 
be issued to complete the proposed work, which amount shall be di- 
vided and apportioned to each county according to the amount to be 
paid on account of said work for the lands and roads in each county. 

38(»,i. How county is remunerated for advances. To reimburse the 
county for the money so advanced to construct such work the county 
auditor shall place on the tax duplicate each year thereafter the an- 
nual amount due from each tract of land assessed as benefited, less 
whatever may have been assessed as damages to such tract on account of 
such work till such damages are paid, and the same shall be a lien on 
such land, and shall be collected as other state, county or township 
taxes are collected: Provided, That enough additional shall be levied to 
cover the annual interest each year: and Provided, further. That no 
person assessed shall raise any question as to the validity of the tax so 
levied after it shall have been placed on the tax duplicate, which he 
might have raised under section twenty-one (21) of this act, but any 
person so assessed may show error of description of land, or amount 
demanded, if such error exist. 



§387 Board of County Commissioners. 150 

LIBRARIES — COUNTY. 

(Acts 1 R. S. 1852, p. 353, Sec. 4857.) 

387. Ten per cent, net proceeds county seat donation. To establish 
and maintain a public library in the county, for the use of its inhab- 
itants, there shall be reserved of the net proceeds of the sales of all 
lots within the county-seat town sold as the property of such county, 
and ten per cent, of all donations made to procure the location of such 
county seat, and the Board shall make the necessary order for the 
collection and payment of the same. 

(Acts 1 R. S. 1852, p. 353, Sec. 4858.) 

388. Annual allowance by County Board. At the June session each 
year the Board is authorized to appropriate a sum of from $20 to $75, 
payable to the treasurer of the county library for the purpose of pur- 
chasing books, maps and charts for such library. 

389. Librarian's annual report to Board. At the same session the 
librarian shall report to the Board the condition, books added or lost, 
within the preceding year, and their value. 

(Acts R. S. 1852, Sec. 4859.) 

390. County Library — Trustees. The clerk, auditor and recorder 
shall have charge of the library and are constituted trustees, each being 
liable on his official bond for the performance of duties required of 
him. 

The trustees shall cause the expenditure of all moneys received 
toward the purchase of books, charts and maps, and make annual 
report to the Board at its June session. 

(Acts 1899, p. 67, Sec. 4867.) 

391a. Duties of library trustees (county of 19,700 to 20,000). Where 
there is established a public library for use, on equal terms to all in- 
habitants in the county, in a county seat containing a population of 
19,7 00 to 2 0,000, by the census of 189 0, the trustee of the county li- 
brary shall deposit with such public library, all of the books, furniture 
and property of every kind, and consolidated with same, for the use 
of all inhabitants. 

391b. Annual appropriation by Board. The Board shall annually 
appropriate and pay to the trustees of such public library the sum of 
$100. 

LIBRARIES — TOWNSHIP. 

(Acts 1879, S. p. 171, Sec. 4905.) 
392. Board's consent to trustee for tax levy. With the consent of 
the Board, the township trustee shall make an annual levy of not more 
than one cent on each $100, taxable property, for library purposes. 

Such tax may be levied in such townships only where there is a 
public library for the use of the inhabitants thereof, established by 
private donations, and is worth $1,000 or more; and when it becomes 
necessary to enlarge such library building, a levy, for three sue- 



I 



1 



151 BoARD^OF County Commissioners. §393 

cessive years, may, with the consent of the Board, be made of five 
cents on $100 of taxable property, for such enlargement, to be expended 
by the trustees of such library. 

(Acts 1895, p. 240, Sec. 4906.) 

393. When donations value of $25,000 — Tax levy. With the con- 
sent of the Board, the township trustee shall annually make a levy 
of six cents on each $100 taxable property in a township, where there 
is an established library by private donations of the value of $2 5,000, 
to be applied to the purchase of books and the maintenance of such 
library. 

When it becomes necessary to purchase additional ground for the 
extension or protection of library buildings already established by such 
private donations, the trustee may, with the consent of the Board, 
for not more than three successive years, make a five cent levy on 
each $100 taxables, for such purpose, to be expended by the trustee 
of such library. 

(Acts 1899, p. 228, Sec. 4913.) 

394. When township library may be abolished. In any township 
having a library established by private donations, to the value of $1,000 
or more, the Board may, upon due proof thereof, by entry upon its rec- 
ords, abolish the township library, and order the transfer of all books, 
papers, records, furniture and paraphernalia to the trustees and man- 
agement of such library. 

LIBRARY — COUNTY FUND. 

(Acts 1901, p. 130, Sec. 4941a.) 

395. Duty of Board (county 25,720 to 25,999). Where there is 
established in a county-seat containing a population of 25,72 to 
25,999 by the last preceding United States census, a public library 
containing 3,0 00 volumes, or more, it shall be the duty of the trus- 
tees of the county library to turn over to the directors of such public 
library the county library fund in their hands, either in cash, notes or 
other securities or property real and personal, acquired by reason of 
loans of such fund, and title thereto to be vested in them, with full 
powers to collect the same by suit or otherwise; to loan the same, and 
care for the safety thereof. Authority is given the board of directors 
to purchase real estate for use of said library, and to loan any unused 
portion of the funds as school funds are loaned by the auditor. 

LICENSES. 
(Acts 1 R. S. 1852, p. 356, Sec. 8257.) 

396. When Board may fix amount of fee. The Board may at any 
term fix the amount to be charged for licenses, except where such 
amount is specially fixed by statute. 

(Acts 1857, p. 89, Sec. 8234.) 

397. Certain fees fixed by statute. The act approved March 7, 
1857, fixes license fees as follows: 



§398 Board of County Commissioners. 152 

Perries $3 to $50; traveling merchants and peddlers, non-resident 
of the State, graded on business done, from $1,000 to $5,000, $5 to 
$20, excepting tea and coffee. For pay exhibitions, any caravan, 
circus, rope or wire dancing, legerdemain, ventriloquism, puppet-show, 
concert, theatrical performance or any other exhibition of whatever 
name, traveling or stationary, $5 to $25 for each separate perform- 
ance. Business of stock and exchange broker, individual or corpora- 
tions, $100 per year. 

MANDATE. 

(Acts 1911, p. 541, Sec. 1225.) 
398. How prosecuted against the Board. The action of mandate 
may be prosecuted against the Board to compel the performance of any 
act which the law specifically enjoins. 

Note: The courts have decided that the mandate obtains 
in matters of repair or rebuilding of bridges; allowance of 
certain claims against county; compelling payment for con- 
structing gravel roads; the approval of official bonds; the 
repair of gravel roads and other collateral matters. 

Further, that service on the president of the Board is a 
sufficient service on the Board. 

MEMORIAL HALL. 

(Acts 1891, p. 369, Sec. 6044.) 
'399a. Boards to procuie subscription books for. Boards are au- 
thorized to procure a proper book for the purpose of receiving sub- 
scriptions and donations from any person who may desire to con- 
tribute toward the erection of a monument or memorial hall to those, 
from their own county, who have or may lose their lives in or from 
service in the civil war, known as the war of the rebellion. 

The book shall be preserved and free to the inspection of any one 
who has lost friends or relatives in such war. 

399b. Board may make allowances. Boards are authorized to 
make such allowances or appropriations out of the county treasury as 
thought proper for the purpose of erecting such soldiers' monument or 
memorial hall. 

Note: It is evident that the county council and not the 
Board must make the appropriation. Sec. 18 0, this book. 

399c. Duty of Board when has sufficient funds. When sufficient 
funds have been raised for the purpose named in the act, it becomes 
the duty of the Board, unless a donation therefor has been made, to 
proceed to select and purch8.se a suitable spot of ground, at or near the 
county seat, on which the soldiers' monument or memorial hall shall be 
erected. 

Such grounds and memorial shall be under the care and control of 
the Board, whose duty is to see to its proper preservation. 

399d. When may appropriate not over $50,000. Under an amended 
act of 1907, at page 103, provision is made that Boards are, upon the 
petition of a majority of the voters of the county, authorized to appro- 
priate out of the county funds, not otherwise appropriated, a sum not 



153 Board of County Commissioners. §399e 

exceeding $50,000 for the purpose of building a suitable monument or 
memorial hall, in commemoration of the services and patriotism of the 
soldiers who fought and died in defense of their country during the 
late rebellion, and in defense of the states and the rights of man. 

Note: County council should make the appropriation. Sec. 
18 0, this book. 

(Section 5 917b-o.) 
399e. Act 1913 — Requirements. In the additional act of 1913 at 
page 951, provisions are likewise made for Boards of counties contain- 
ing a second class city to erect and maintain a memorial building, 
auditorium or coliseum. 

The act covers all requirements and duties of the Board at full 
length, and should have reference. 

MERIDIAN LINES. 

(Acts 1895, p. 24, Sec. 8428.) 

400. How may be established. For the purpose of establishing a 
permanent meridian line, one which is true north and south, the county 
surveyor under an act approved, March 11, 1895, may petition the 
Board setting forth the reasons and necessity therefor, when the Board 
shall enter its order for the establishment of such line at or near the 
county seat, which is to be made permanent, of not less than 100, nor 
more than 1,000 feet in length. 

When so established and recorded in the recorder's office, the Board 
shall pay the recorder's fee, and also allow the county surveyor a rea- 
sonable amount for fees and expenses. 

MUNICIPAL. ASSESSMENTS. 

(Acts 1907, p. 167, Sec. 8712.) 

401. County property subject to liens. All real estate of the county 
situated within the corporate limits of a city is subject to the same 
duty and liability in respect to municipal improvements, and subject to 
liens for assessments, as that of private owners. However, no attorney 
fee or penalty shall be collectible from the county. 

MUTILATED RECORDS. 

(Acts 1877, p. 120, Sec. 6084.) 

402. Duties of the Board^ — Pi'eservation of ijublic records. When 
by reason of mutilation, decay or of partial destruction of the records 
in the office of the clerk, auditor, treasurer, recorder or sheriff or of 
courts of record, it shall be necessary to have such records preserved, 
it shall be the duty of the Board to enter an order of record directing 
the officer in custody, and the clerk of such court, to copy and tran- 
scribe such records in proper books, specifying in such order the rec- 
ords or parts of records which are to be copied and transcribed. The 
Board shall make such reasonable allowance for such work as shall 
seem just and proper. 



§403 Board of County Commissioners. 154 

NEWSPAPER SUBSCRIPTIONS. 

(Acts 1 R. S. 1852, p. 376, Sec. 6029-6031.) 

403. Boards may subscribe for — Bound for preservation — County 
recorder. Boards, at their option, may authorize and direct the sub- 
scription to and preservation of the public newspapers published in 
their county. 

Upon certified order, the recorder may make such subscription for 
each of such papers published in the county, of a political or miscel- 
laneous character, file the same, and from time to time cause the same 
to be substantially bound, and kept in his office for the use of the in- 
habitants of the state, free of charge and expense. 

Such subscription price and expense of binding shall be paid out of 
the county treasury, as other accounts are paid, 

NUISANCE. 

(Acts 1881 S, p. 240, Sec. 291.) 

404. When Board may be held liable for. Whatever is injurious to 
health, or is indecent, or offensive to the senses, or an obstruction to 
the free use of property so as essentially to interfere with the com- 
fortable enjoyment of life or property, is a nuisance, and the subject of 
an action. 

The courts have held that a Board may be liable for nuisance by 
keeping and maintaining a pest house in such manner and so near a 
house as to be offensive. 

OFFICES AT COURT HOUSE. 

(Acts 1905, p. 584, Sec. 2420.) 

405. Penalty for failure of officer to hold office at court house. Any 

auditor, treasurer, clerk of the circuit court or recorder of a county, 
who shall, without the consent of the Board, keep his office, and the 
books and papers belonging thereto, in any building other than that 
provided by such Board for that purpose, shall on conviction, be fined 
not to exceed $1,000. 

ILLEGAL. FEES. 

(Acts 1907, p. 659, Sec. 2389.) 

406. Penalty — Failure to perform official duty — Illegal fee — Second 
conviction. Any officer under the constitution or laws of the state, 
who, under color of nis office, demands or receives any fee or reward, 
other than allowed by law, to execute or do his official duty; or fails 
to perform any duty in the manner and within the time prescribed by 
la.w, shall on conviction be fined $10 to $500 and imprisoned in the 
county jail not exceeding six months, 

A second conviction brings imprisonment from one to three years 
in the state prison, disfranchisement and incapacity to hold office for 
any determinte period. 



155 Board of County Commissioners. §407 

OFFICIAL SEAL. 

(Acts 1 R. S. 1852, p. 224, Sec. 5983.) 

407. Sufficiency as evidence, when sealed. The Board of each coun- 
ty shall use a common seal; and copies of their proceedings, when 
signed and sealed by its auditor, shall be sufficient evidence thereof, 
on the trial of any cause in any of the courts of this state, 

PROCEEDINGS PUBLIC. 

(Acts 1 R. S. 1852, p. 224, Sec. 5988.) 

408. Where may be held. The Board shall sit with open doors. 
Where there shall be no court house, or on account of its unfitness, 

the Board may hold its meetings in the office of the auditor, or in such 
other building as thought proper. 

PILOTS — OHIO FALLS. 

(Acts 1 R. S. 1852, p. 393, Sec. 9739.) 

409. Licensed by governoi — Board of Clark County fixes fees — Rev- 
ocation of license. Pilots licensed by the governor to pilot boats over 
the Falls of the Ohio shall receive, for such services, fees to be fixed by 
the Board of the county of Clark. Such fees shall be published in that 
county and posted up in three public places in the town of Jefferson- 
ville. 

The Board of Clark County may revoke such license for cause, with 
right of appeal to the clerk of the circuit court. 

POWERS AND DUTIES OF COUNTY COMMISSIONERS. 

(1 R. S. 1852, p. 224, Sec. 5985.) 

410. General statute mentioning. Such commissioners, in their re- 
spective counties, shall have power at their meetings: 

First. To make orders respecting the property of the county, in 
conforming to law; to sell the public grounds of the county upon 
which the public buildings are situate, and to purchase in lieu thereof, 
in the name of the county, other grounds in the county seat, on which 
such buildings shall be erected; to purchase other lands for the enlarge- 
ment of the public square; and to take care of and preserve such 
property. 

Second. To allow all accounts chargeable against such county, not 
otherwise provided *:or; and to direct the raising of such sums as may 
be necessary to defray all county expenses. 

Third. To audit the accounts of all officers having the care, man- 
agement, collection or disbursement of any moneys belonging to the 
county or appropriated for its benefit. 

Fourth. To perform ail other duties that may be enjoined on them 
by any law of this state. 

Note: This section should be read in connection with the 
county council law. 



§41 la BoAED OF County Commissioners. 156 

PUBLIC BUILDINGS AND STRUCTURES. 

(Acts 1907, p. 580, Sec. 5893.) 
411a. Constmction of public buildings— Plaius and specifications — 
Public inspection. It shall not be lawful for the Board to make any con- 
tract for the construction of a court house, jail or other county or 
township building or monument until plans and specifications have 
been deposited in the auditor's oflftce open to public inspection for 
thirty days. 

Likewise, it is unlawful to contract for the construction of any 
bridge until a survey, profile and general plan have been filed with the 
auditor and open to public inspection from the date of the first adver- 
tising of such contract. All contracts attempted to be otherwise made, 
are null and void. 

(Acts 1907, p. 580, Sec. 5894.) 
411b. Bridges — Survey, profile, general plan — Public inspection — 
Publication. When the entire cost for the repairs or the building of 
any bridge exceeds $100, and the Board has adopted the survey, pro- 
file and general plans which have been deposited in the office of the 
auditor for open inspection for thirty days, the Board is prohibited 
from letting such contract until it has advertised such and requested 
bids for the same for two weeks in a newspaper of general circulation 
within the county, ten days intervening after the last publication. 
Such advertisement shall refer to such survey, profile and general 
plan. 

Posting of notices at the court house is likewise required, and bids 
may be retained by bidder until the advertised open meeting. 
Note: See Sec. 430a, this book. 

(Section 5894.) 
411c. Opening of bids for public buildings and bridges. When the 
cost of a proposed public building exceeds $300, and the Board has 
adopted plans and specifications which have been deposited in the 
auditor's oflEice as required by law, such Board shall not let the con- 
tract for the building until such letting has been advertised for at 
least six weeks in at least one newspaper of general circulation, in the 
county, and by posting notices of such letting at the court house, and 
at five or more other public places, giving the time, place and terms of 
same with reference to such plans and specifications. 

Note: The Board has no authority to require any bidder 
to submit his bid at any time earlier than the open meeting 
when it is to be received. (Burns R. S. Sec. 5896a, Sec. 430a, 
this book. 

(Acts 190"^, p. 580, Sec. 5894.) 
41 Id. Requirement when i)atented device or monopoly is used. 

When any plans or specifications include the use of any patented device 
or any article controlled by a monopoly, the specifications shall be 
accompanied by a statement of the terms upon which such device or 
article may be used or obtained. 



157 Board of County Commissioners. §41 le 

(Acts 1907, p. 580, Sec. 5895.) 
41 le. Required duplicate plans and specifications — Sealing of same 
and preservation. The law requires that all plans and specifications 
shall be prepared in duplicate and be certified as identical. 

One set of plans shall be used for all public purposes, the letting of 
the contract and as ^vorking plans; the other set, at time of deposit, 
shall be sealed and carefully labeled, and shall remain sealed and not 
opened until it shall be necessary to pass on the acceptance of the work 
for which they were prepared. 

Such work shall be carefully inspected with reference to the sealed 
plans and specifications and any deviation from the requirements shall 
be a valid cause for refusal of such work until it is completed in full 
compliance with the contract. 

(Acts 1907, p. 580, Sec. 5896.) 
41 If. How and when contract let. The law provides that after the 
depositing of plans and specifications, the required newspaper adver- 
tisement and proper posting of notices of the letting of a contract for 
a court house, jail or other county or township building, bridge or 
monument, according to such plans and specifications, the Board shall 
upon the day fixed, let the same to the lowest responsible bidder upon 
the terms of the notice mentioned. 

The Board, under the act, has the right to reject any and all bids, 
and may again advertise for bids. The courts have handed down many 
decisions defining its discretionary power in determining "the lowest 
responsible bidder." 

41 Ig. Non-collusion affidavit an absolute requirement — Bond re- 
quired. The law specifically enjoins that an affidavit of non-collusion 
shall accompany every bid for the letting of any county building or for 
work or supplies, together with a bond payable to the State of Indiana 
in the sum of the amount of such bid, signed by at least two freehold 
residents of the county, as sureties, or by a properly authorized and 
qualified bonding company, guaranteeing the faithful performance and 
execution of the work so bid for, in case of such award, and guaran- 
teeing the payment of all incurred debts for labor, materials furnished 
and the Board of such laborers. Investigation as to financial responsi- 
bility shall be made by the auditor and the clerk of the circuit court as 
to such freeholders and certified to the Board, 

(Acts 1907, p. 580, Sec. 5898.) 
41 Ih. When Board may appoint inspector. The Board, in its dis- 
cretion, may appoint a qualified inspector of any work of construction 
and repair and of the supply of material therefor. 

The inspector shall follow up the progress of such work, and see 
that all requirements are faithfully complied with, and report any and 
all deviations from such requirements to the Board. Before any final 
payment or settlement is made, such inspector shall file with the Board 
an affidavit that all requirements of the contract have been complied 
with fully and faithfully. 



§412 Board of County Commissioners. 158 

OFFICERS INTERESTED IN PUBLIC CONTRACTS. 

(Acts 1905, p. 584, Sec. 2423.) 

412. Penalty, fine and imprisoninent for officer interested in public 
contracts. Any state ofRcer, county commissioner, township or town 
trustee, mayor or common councilman of any city, school trustee of any 
town or city, or their appointees or agents, or any person holding any 
appointive power, or any person holding a lucrative office under the 
constitution or laws of this state, who shall, during the time he may 
occupy such oflEice or hold such appointing power and discharge the 
duties thereof, be interested, directly or indirectly, in any contract for 
the construction of any state house, court house, schoolhouse, bridge, 
public building or work of any kind, erected or built for the use of the 
state, or any county, township, town or city in the state, in which he 
exercises any official jurisdiction or who shall bargain for or receive 
any percentage, drawback, premium or profits or money whatever, on 
any contract, or for the letting of any contract, or making any appoint- 
ment wherein the state, or any county, township, town or city is con- 
cerned, on conviction, shall be fined not less than three hundred dol- 
lars nor more than five thousand dollars, and be imprisoned in the 
state prison not less than two years nor more than fourteen years, and 
disfranchised and rendered incapable of holding any office of trust or 
profit for any determinate period. 

(Acts 1907, p. 580, Sec. 5899.) 

413. Rights of laborer and sub- contractor against contractor. The 

act approved March 12, 1907, provides that any laborer or materialman, 
or person furnishing board to such contractor, on public contract, un- 
der the act, and having a claim against such contractor therefor, shall 
have a right against such contractor and his bondsmen, provided such 
person shall have first demanded payment from such contractor. 

(Acts 1911, p. 437, Sec. 5901a.) 

414. Full settlement withheld by Board — Laborers — Material. The 

act approved March 4, 1911, requires Boards to withhold full payment 
to contractors until they have paid to any sub-contractor, or laborer 
employed in such construction, all bills due and owing them. 

Provided, there is a sufficient sum due the contractor on such con- 
tract to pay the same in full, else then the sum to be prorated in pay- 
ment of all of such bills. Such sub-contractors and laborers shall file 
with the Board their claim within thirty days from the completion of 
the work, and when there is no dispute about the bills, the Board shall 
pay such claims out of the funds due such contractor, and take receipt 
therefor from such claimants and deduct the amount so paid from con- 
tract price. In case of a dispute the Board shall retain such balance 
until the correct amount is determined, and then shall pay as above 
mentioned. 

(Acts 1907, p. 580, Sec. 5900.) 
4:15. Sale of county property, only at public auction — Advertise- 
ment. Boards shall not sell any county property, either real or per- 



I 



159 Board of County Commissioners. §416 

sonal, except at public auction, and then only after advertising such 
property for sale sixty days in at least one newspaper of general circu- 
lation in the county and posting up notice at the court house, giving 
the terms, time and place of sale and a description of the property to 
be sold. 

(Section 5901.) 

416. Penalty for making contract contrary to law of 1907. Any 
county commissioner, or Board, entering into a contract for the con- 
struction of any county public building, without first complying with 
the foregoing requirements, shall be guilty of a misdemeanor and upon 
conviction thereof be fined $500 to $1,000, to which may be added im- 
prisonment in the county jail for any term not exceeding six months. 

(Acts 1897, p. 14, Sec. 5902.) 

41 7. Contract for coiu't house — Let as whole or the several parts. In 

the letting of contracts for a court house, the Board is privileged to, 
either, let the entire contract and everything connected therewith, 
according to the plans and specifications, in one contract, or to let the 
same in several contracts for the separate parts of the work, if, in the 
opinion of the Board, it is to the interest of the county to so let the 
contracts, and bids may be required and received accordingly. 

(Acts 1899, p. 73, Sec. 5903.) 

418. When unlawful to order construction of coui't house — Counties 
more than 25,000 — Relocation— When contract is null and void. 

Note: The Supreme Court, in Kraus v. Lehman, 17 Ind. 
408, held that the act of 18 9 9, making unlawful contracts 
for the construction of court houses in counties of more than 
25,000 population, unless upon petition of 500 freeholders 
of the county, is unconstitutional. This act is Sec. 5 903 Burns' 
R. S. 1908. 

The act of 1901, being Sees. 5904, 5905 and 5906 of Burns' 
R. S. 1914, and the act of 1913, being Sees. 5906a, 5906b, 
5906c and 59 6d Burns' R. S. 1914, providing that upon the 
petition of 5 00 or more freeholders in certain counties, the 
Board shall o.rder an election upon the question of whether 
a court house shall be erected, and if the proposition carries, 
the Board shall construct the court house, are, in the opinion 
of the editor, unconstitutional under the ruling in Kraus v. 
Lehman, supra, in that each act attempts to regulate county 
business and is a local law. 

For that reason the sections named are not set out herein. 

(Acts 1 R. S. 1852, p. 224, Sec. 5989.) 

419. Additional law relative to fuinishing imblic offices. The Board 
shall cause a court house, jail and public oflices for the clerk, recorder, 
treasurer and auditor to be erected and furnished, where the same has 
not been done, and keep them in repair, and shall make them fire- 
proof if practicable. 

(Acts 1899, p. 467, Sec. 5990.) 

420. Fuinisliing public offices for slier iff and county superintend- 
ent. Provisions shall also be made by the Board for oflices in the court 



§421 Board of County Commissioners. 160 

house, or at the county seat, for the sheriff, county superintendent of 
schools and surveyor of the county, respectively, and all records and 
papers of such offices shall be kept and preserved and turned over to 
their successors in office. 

(Acts 1913, p. 468, Sec. 5906a.) 

421. 1913 law — ^Erection of court house — Counties less than 25,- 
000 — Publication — Election expenses. Upon the filing of a petition 
with the Board of any county having a population less than 25,000, as 
shown by the last preceding U. S. census, signed by 500 or more resi- 
dent freeholders and taxpayers to build, construct and erect a court 
house therein, such Board shall submit to the voters at a special elec- 
tion to be called within three months from its filing, by advertising the 
same for three consecutive weeks in two newspapers in such county, of 
opposite politics, and by posting up written or printed notices of such 
election twenty-one days prior to such election, such notices to be signed 
by the members of the Board, attested by the auditor, which shall be 
posted by the sheriff, proof being made and filed by him, and upon the 
giving of such notice, the polls shall be opened upon the day specified 
in the order of the Board, for the purpose of voting on the question 
whether or not a court house shall be erected as petitioned for. The 
expenses of such election and its officers shall be paid by the Board out 
of the general fund. 

(Acts 1913, p. 468, Sec. 5906b.) 

422. Election conmiissioners — Their duties — Limitation of cost of 
court house, $250,000. The vote for building of court house shall be 
taken by printed ballots of "yes" or "no." The Board shall appoint one 
known to be in favor of, and one known to oppose the construction of 
such proposed court house, and these, together with the county auditor, 
shall be election commissioners, and shall prepare and distribute the 
ballots. The vote on said question shall be certified by the inspectors 
to the Board on the first Thursday following the day of election, and if 
a majority of votes is In favor of building such court house, the Board 
shall at once proceed to the building, construction and erection of the 
same as in the act provided. 

The limit of expenditure for such court house with its equipment 
and furnishing is fixed at $250,000. 

(Acts 1913, p. 468, Sec. 5906c.) 

423. Fiscal matters relative to erection — Sale of bonds. The Board, 
when such election should carry, shall construct such court house as 
provided by law and shall have power to issue bonds for such purpose. 
The bonds shall be in denominations of $5 00, each; running for a 
period of ten years, not to exceed twenty years, with the privilege of 
payment of any or all after ten years; shall bear 4 per cent, interest per 
annum, and shall be sold by the treasurer of the county, such bonds to 
be nontaxable. 

The sale shall be made by sealed bids, and the bids shall be sepa- 



161 Board of County Commissioners. §424 

rate as to each bond, or the multiple of the same not to exceed twenty 
bonds. 

The Board of any county having a surplus in the general fund shall 
have power to expend such surplus, or any part thereof for such con- 
struction, and further to employ an architect and superintendent to 
prepare plans and specifications to be paid out of the general fund, lim- 
ited to 3 per cent, for plans and specifications and 2 per cent, of cost 
for superintending. 

(Acts 1901, p. 48, Sec. 5904.) 

424. *'The Court House Construction Board" — How appointed — 
Their powers and compensation. 

Note: The act of 1901, p. 48, Sees. 5904-6, clearly applies 
to but one county and for that reason is not set out herein. 
Is the act constitutional? See Kraus v. Lehman, 17 Ind. 408. 

REAL ESTATE — BUILDING SITES. 

(Acts 1899, p. 74, Sec. 5907.) 

425. Proceedings to condemn real estate for public buildings. When 
at a regular meeting of the Board by a resolution, it shall be adjudged 
necessary to acquire certain described real estate conveniently located 
on which to erect a court house or other public building or for the pur- 
pose of constructing a necessary addition to any county building, such 
Board may cause to be filed, in the corporate name of the county in the 
circuit court of said county, a petition praying that appraisers be ap- 
pointed to appraise the value of the real estate deemed necessary for 
public uses. 

(Acts 1899, p. 74, Sec. 5911.) 

426. Deposit with clerk of circuit court — May make payment con- 
demned real estate. When the value of such appropriated real estate 
has been finally determined, the Board may provide for the payment 
of the amount by a warrant on the county fund, in favor of the clerk 
of the circuit court, in trust, for such owners or other persons adjudged 
to be entitled thereto. 

(Section 5912.) 

427. Duty of the court to execute deed to the county. Upon the pay- 
ment to the clerk, and his filing the receipt in open court as a part of 
the proceedings, the court shall direct the clerk of the circuit court to 
execute a deed conveying the title to such county and to deliver the 
same to the Board. 

(Acts 1903, p. 231, Sees. 5913-5915.) 

428. When Board emjiowered to construct and maintain public hall 
— -Levy of tax — Rent of hall — Custodian. Boards shall have power to 
construct and thereafter maintain a public hall, or halls, at convenient 
places for public meetings. Such hall to be used by societies, organiza- 
tions, associations, political parties or assemblages of people for the 
purpose of holding lawful meetings in which the public is interested, 
and to which the public is invited without admission fee. 

U— 4842 



§429 Board of County Commissioners. 162 

The Board lias power to purchase real estate tor such purpose and 
levy a tax on the property in the county subject to taxation. 

The hall may be rented at rates fixed by the Board for other than 
public meetings. The Board may furnish a janitor, light and heat for 
such hall and shall appoint a custodian who shall have general charge 
of and attend to the letting and the collection of rentals. 
Note: See Sec. 2 03, this book. 

(Acts 1903, p. 231, Sec. 5917.) 
429. Division of ownership — Expenses — City may join. Boards may 
join with a city and by agreement with its proper body join together in 
the purchase of land and constructing and maintaining a market house 
and such public hall under the same roof. The proportion of the 
expense shall be determined by agreement before beginning the under- 
taking on an equal division in the purchase of land, construction and 
maintaining the foundation and roof, the city bearing all expenses of 
construction and maintaining the market house, and the Board the hall. 
They may also unite in the employment of janitor, caring for light- 
ing and heating on agreed terms deemed fair and equitable. 

PUBLIC WORK — OPEN MEETINGS — BIDS. 

(Acts 1913, p. 650, Sec. 5896a-b-c.) 
430a. Bidder not required to file earlier than meeting at which they 
are to be received — Open meetings of Board — Bidders entitled to at- 
tend. Hereafter all municipal bodies, boards or officers of any munici- 
pality, township or county in this state, authorized by law to let con- 
tracts for public work shall have no authority to require any bidder to 
submit his bid at any time earlier than the open meeting at which it is 
to be received. All such meetings for receiving bids shall be open to 
which the public and all bidders shall be entitled to attend. 

430b. Contracts let otherwise, null and void. All contracts for pub- 
lic work by any of ihe boards or officers mentioned in section 1 of this 
act which are not let in conformity with the provisions of this act, shall 
be void. 

430c. Act is supplemental one. This act shall be construed as sup- 
plemental to the laws now in force relating to the letting of contracts 
for public work, and shall not repeal or amend any of such laws except 
such as are contrary to the provisions hereof. 

PUBLIC FRANCHISES. 

(Acts 1913 p. 286, Sec. 8942b-f.) 
431. 1913, Public franchise act — Advertisements — Amendments — 
Duties of Board — Further amendments. Whenever the Board desires 
to enter into a franchise, grant or contract, granting the use, over, un- 
der or along any public highway, street or alley, to any person, firm or 
corporation for personal or private gain, or for erection of any pole, 
wire, track, pipe, cable or conduit, the Board shall determine the exact 
form in which such franchise, grant or contract is to be finally adopted. 



163 Board of County Commissioners. §432 

The Board shall fix a time not less than fifteen days thereafter at which 
such franchise will be finally considered. Protest against granting the 
franchise may be filed by any taxpayer. Parties to whom the franchise 
is to be given shall at their expense, cause the full and complete text 
of such franchise to be published at least one week before said hearing, 
with time and place, in two daily newspapers of general circulation to 
be indicated by the Board in such county, and printed in the English 
language, provided the county contains a city of the first, second or 
third class. 

*In all other counties such contract shall be published in any news- 
paper, printed in the county, city or town. Such parties shall also post 
a copy of such franchise in ten public places in such county. 

The Board shall require proof of the required publication. 

At the time fixed, the Board shall consider any protest which may 
have been filed by any taxpayer, who may appear in person or by 
attorney and present argument against such grant. 

If after the required publication any amendments, changes or alter- 
ations are made or agreed upon, in such event, the Board shall cause 
the publication as before of the full text of each section which has been 
changed and agreed upon. 

The Board may then grant such franchise, unless otherwise ordered, 
by the Board, the expense of such second publication shall be made by 
the interested party. 

Proof of such second publication is required to be made by such 
party. 

The act fixes the price of $1, per square of 250 ems, as compensation 
for the required publications. 

Note: Boards of public works, common councils and trus- 
tees of incorporated towns have jurisdiction of the granting 
of franchises over their streets and alleys. 

PUBLIC BUILDINGS. 

(Acts 1913, p. 349, Sec. 5917a.) 

432. When Board, with counciFs ccnsent, may convey hall to city or 
town. In any county where there has been erected a public hall at the 
expense of the county, by authority of an act approved March 8, 1913, 
the Board, by the consent of the county council, given at any regular 
or special session, may convey such hall, and the land connected there- 
with to the city or town wherein located, upon the consideration that 
said city or tow.n maintain the same for the use and purposes set out in 
the act of March 9, 19 03, giving authorization for the erection of such 
public hall. 

PARKS. 
(Acts 1911, p. 589, Sec. 6079a-f.) 

433. Board may sell park grounds when abandoned by city. When 
the county is the owner of lands situated within one and one-half miles 
of the limits of any city within the state, it shall be lawful for the 
Board to authorize such city to use any part of such land for park 
purposes. 



§434a Board of County Commissioners . 164 

Forests existing on such land shall not be cut down nor destroyed, 
and the order of the Board in granting its authority to such city shall 
fix all conditions, restrictions and limitations. 

The title to such land shall remain in the county and shall be re- 
tained by such city so long as maintained as a public park. 

When abandoned by the city, the Board may dispose of such land as 
other lands of the county are sold and turn the proceeds into the 
county treasury. 

Note: For use of fair grounds for park purposes see Sec. 
10, this book, 

PURDUE UNIVERSITY. 

(Acts 1877, S. p. 60, Sec. 6858.) 

434a. County students — To be appointed by Board. The Board of 
Commissioners of each county in this state may appoint, in such man- 
ner as it may choose, two students, or scholars, to Purdue university, 
who shall be entitled to enter, remain, and receive instruction in the 
same, upon the same conditions, qualifications and regulations pre- 
scribed for other applicants for admission to, or scholars in, said uni- 
versity: Provided, however, That every student admitted to said uni- 
versity by appointment, by virtue of this act, shall in nowise be charge- 
able for room, light, heat, water, tuition, janitor or matriculation fees; 
and said student shall be entitled, in the order of admittance, to any 
room in the university then vacant and designed for the habitation or 
occupancy of a student; and such student so admitted shall have prior 
right to any such room, subject to the rules of the university, over any 
student not appointed and admitted as aforesaid, 

434b. When vacancy may be filled. No more than two students at 
the same time from any one county shall be entitled to admittance to 
said university, under the provisions of this act. But the Board of 
Commissioners of each county may, from time to time, appoint as afore- 
said, to any vacancy in its appointments. 

RAILROADS. 

(Acts 1 R. S. 1852, p. 409, Sec. 5262.) 
435. When railroads may condemn lands of county — Procedure. 

Any railroad corporation requiring land for its purposes belonging to 
the county, the Board may grant such lands to such corporation upon 
such terms as may be agreed upon. 

If they shall not so agree, the same may be taken by the corpora- 
tion in the same manner as provided in other cases. 

(Acts 1915, p. 15G, amending Sec. 5464.) 
436a. Public aid by townships — Petition — Election — Proceedings 
before Board. Seventy-five or more freehold voters of any township 
may file a petition with the Board asking for an election to be held in 
such township to determine whether the township shall aid a proposed 
construction or reconstruction of a railroad through such township by 



165 Board of County Commissioners. §436b 

taking stock in the company or by donating money thereto. The peti- 
tioners shall also file bond payable to the state with freehold sureties, 
to the approval of the Board, conditioned to pay the cost of such elec- 
tion and all other expenses of the proceeding in case the proposition 
fails to carry. 

If the Board shall find that the petition has been properly signed by 
the required number of freehold voters, and that the proposed construc- 
tion or reconstruction will be of public utility and of sufficient benefit 
to the citizens of the township, it shall cause the petition to be entered 
at length upon the records of the Board. 

(Acts 1875, p. 70, Sec. 5466.) 

436b. When elections shall be held. The Board shall thereupon 

order an election to be held on a specified date, not earlier than thirty 

nor more than sixty days from such time, for the purpose of taking the 

votes on the petitioned appropriation in aid of such organized railroad. 

436c. Newspaper publication of election required. Newspaper no- 
tice for four weeks' publication and posting of printed hand-bills in 
ten public places shall be given by the auditor of such election, and all 
proofs of same shall be entered of record. 

(Acts 1869, S. p. 92, Sec. 5476.) 
436d. Wlien election favorable^ — Tax levy. In the event that a ma- 
jority of votes cast at such election is in favor of the appropriation, the 
Board at its ensuing June (September) session shall levy a special tax 
in such township, of at least one-half of the sum specified in the peti- 
tion, but not exceeding one per centum of the whole taxable property. 

If this sum does not include the whole amount, then the residue 
shall be levied the following year. 

(Acts 1879, p. 46, Sec. 5478.) 
436e. Board may subscribe for stock in behalf of townshij). After 
the assessment has been provided for the Board may take stock in such 
railroad company, from time to time, in the name of the proper town- 
ship, and pay for same, when taken, out of the moneys so collected; or 
it may donate such money to the company for purpose in aiding in its 
construction from time to time during the progress of the work; pro- 
vided that the railroad company completes its contract as to rates or 
other conditions mentioned in the petition, all of which shall be made 
of record on the records of the Board. 

(Acts 1869, S. p. 92, Sec. 5479.) 
436f. When Board may advance payments for township — How re- 
funded. If, after the special tax shall have been levied, as before men- 
tioned, and before it is collected, and such railroad has been so far 
completed as to be entitled to receive the money which the Board is 
authorized to donate, the Board may pay the same out of any moneys 
in the county treasury, same to be refunded to the county when such 
special tax has been collected. 



§436g Board of County Commissioners. 166 

(Acts 1869, S. p. 92, Sec. 5480.) 
436g. Restrictions in payment — Location and completion in town- 
ship. Boards are restricted in such payment of a donation to tlie rail- 
road company, until the road is permanently located, and work done 
and paid for by the company equal to the amount of such donation 
then paid. Not more than 50 per cent, of the money voted shall be paid 
the company until the iron is laid and a train of cars shall have passed 
over the entire length thereof in such township. 

(Acts 187 5, S. p. 7 0, Sec. 54 81.) 
436h. Requirement of railroad before settlement for donation. 

After the collection of such levied tax, and the subscription shall have 
been made on behalf of the township, and the railroad company having 
fully completed its road as covered in the petition, so that a train of 
cars shall pass over same, the railroad company shall then have the 
right to demand and receive the money as intended. 

Any petitioner or any taxpayer of the township may compel the 
Board to make the payment by mandate. 

(Acts 1869, S. p. 92, Sec. 5482.) 
436i. When railroad forfeits rights to donation — Board's extension 
of time. Failure on the part of the railroad company to commence 
woik upon the railroad in said county within one year of the levying of 
the tax, or failure to com_plete the same within three years from such 
levying of the tax, shall forfeit the rights of the company to such dona- 
tion, unless the Board for good cause shown, shall give not to exceed 
one year's farther time in which to complete. 

In the event of a forfeiture the money raised by such special tax 
shall go into the general fund of such township. 

Note: This section must be read in connection with Sec. 
5494 Burns R. S., Sec. 437, this book. 

(Acts 1915, p. 158, amending Sec. 5488.) 
436j. Per diem of election officers — Expense of election.- — The of- 
ficers conducting the elections, provided in this act, shall be allowed 
the same pay as is allowed for like services in case of a general elec- 
tion. Should the election result in favor of a railroad appropriation, 
the expense of the election, after being paid by the county or township, 
as the case may be, shall be charged against the railroad company 
benefited, and deducted out of the first moneys collected by virtue of 
the appropriation. Should the election result in opposition to a rail- 
road appropriation, the expenses of the election and the cost of the 
proceedings shall be paid by the petitioners. 

(Acts 1873, p. 184, Sec. 5493.) 
436k. Location of road precedes tax. No tax shall be placed upon 
the duplicate of any county, for the purpose of taking stock or making 
donations to railroad companies, by any county or township pursuant 
to the provisions of an act entitled "An act to authorize aid to the con- 
struction of railroads, by counties and townships taking stock in and 



167 Board of County Commissioners. §437 

making donations to railroad companies," approved May 12, 1869, 
until such railroad shall have been permanently located in the county 
or township making the donation or taking the stock. 

(Acts 1875, p. 121, Sec. 5494.) 

437. When suspended collection oi' taxes may be reinstated. The 

act of 18 75, relates to the suspension of the collection of taxes for pay- 
ment of aid to railroads, where the county or township has voted such 
appropriation, either for payment of stock or as a donation. 

In the event that the railroad company shall not, within five years 
from the time of placing such tax on the duplicate, have expended in 
actual construction the amount of such appropriation in the township 
or county, upon the petition of twenty-five freeholders of such county, 
after thirty days public notice preceding a meeting of the Board, the 
Board may cancel or annul a subscription of stock or donation. 

When, however, the Board is satisfied that the amount of work 
done by the railroad company is equal to such subscription of stock or 
donation, it becomes the duty of the Board to order such tax to be col- 
lected aX once as though such had not been suspended. 
Note: See Sec. 43 6i, this book. 

(Acts 1872, S. p. 49, Sec. 5504.) 

438. A public aid by border counties to a railroad in adjoining state. 

Public aid to a railroad by border counties in an adjoining state is 
made lawful by the act of the special session of 18 7 2. The process be- 
fore the Board is quite similar in ail matters to the law above explained. 

(Acts 1875, S. p. 69, Sec. 5522.) 

439. When Board may giant right of way on county road. The 

Board is empowered to grant the right of way to a railroad company, 
on any county road leading from a city of more than 40,000 to a subur- 
ban town in the county, upon the petition of the owners of three- 
fourths of the real estate bordering such road. 

(Acts 1915, p. 148.) 
439a. Highway Crossings—Cities 20,000 or less. Whenever the 
railroad commission shall come to conclusion, whether on account of 
the topography of the ground at the crossings, or on account of the 
great number of travelers using any crossing of a highway and steam 
railroad, or interurban railroad, or for any reason deemed by said com- 
mission to be sufficient, that the grades of such crossing should be 
separated, and it shall be found to be practicable to do so, said 
commission shall serve with notice the railroad company or com- 
panies, and also serve witli notice the Board of Commissioners of the 
county or counties in which such highway crossing is located. Said 
notice shall set out that said commission on the day named will con- 
sider the matter of separation of tlie grades at such crossing and said 
railroad commission of Indiana shall have jurisdiction of the parties 
and the subject matter in said proceedings and shall hear and deter- 
mine the niatter, and if satisfied that said crossing is dangerous to life 



§440 Board of County Commissioners. 168 

and that safety and the accommodation of the public requires that the 
grades thereof shall be separated, and that it is practicable to so sepa- 
rate said grades, said commission may so order and shall in said order 
prescribe the manner in which such separation shall be accomplished, 
and the cost of such separation shall be borne one-fourth (J) by the 
county and counties in which such grade is separated and three-fourths 
(I) by the railroad company or companies, and whenever the commis- 
sion may order any such grades separated it may, if it shall deem it 
best, relocate or consolidate highway crossings over railroads, street 
railroads, interurban street railroads, or suburban street railroads in 
this state and may relocate or consolidate highways leading to any 
such crossing: Provided, That if any of the parties to such proceed- 
ing shall fail or refuse to obey the orders of the commission the com- 
mission may proceed in any circuit or superior court of any one of the 
counties in which said highway crossing may be located, to enforce its 
orders: Provided, also. That the provisions of this section shall not 
apply to cities of over twenty thousand (20,000) population, accord- 
ing to the last preceding United States census: Provided, further. That 
the provisions of this act, other than those contained in this section, 
shall not apply to cities and incorporated towns. 

RATS — EXTERMINATION. 

(Acts 1913, p. 638, Sec. 76483-p.) 

440. Act of 1913 — Duties of Board — When expenses chargeable to 
county. The act of 1913 declaring a rat infested property to be a 
public nuisance, among other matters, makes it the duty of the Board, 
with the consent of the council, whenever it may by resolution deter- 
mine that it is necessary for the preservation of the public health, or to 
prevent the spread of contagious or infectious disease, or to prevent 
great damage to crops, grain, food, or other property, may appropriate 
moneys to purchase traps, poison or eliminating agencies for the de- 
struction of rats. 

This may be done under the direction of the Board, or the local 
health officer, or the Board of Health. 

Similar powers are granted to city councils and town boards. The 
expense arising from such extermination of rats shall be a charge 
against county, town or city, that instigates the proceedings. 

RECORDER — COUNTY. 

(Acts 1 R. S. 1852, Sec. 9491.) 

441. Official bond, $4,000 to Board's acceptance. The county re- 
corder shall file his official bond in the penal sum of $4,000, which 
shall be approved by the Board. 

(Acts 1 R. S. 1852, p. 428, Sec. 9498.) 

442. Required to keep office at county seat. The recorder shall keep 
his office at the county seat in a room to be provided for that purpose 
by the Board. 



169 BoAED OF County Commissioners. §443 a 

REINSTATEMENT OF RECORDS. 
(Acts 2 R. S. 1852, p. 505, Sec. 1300.) 
443a. Total or partial destruction of records — Auditor's duty. In 

the event of the total or partial destruction of any of the records of the 
county, the auditor shall forthwith notify the members of the Board to 
meet at a designated time and place, and the Board is authorized to so 
meet from time to time on adjourned meetings for the following twelve 
months, if rendered necessary by the destruction of such records. 

443b. Duty of Board as to copies of records in the state — Adjourned 
meetings. The Board, when so met, shall make list of records and doc- 
uments furnished by the state government, and shall transmit the same 
to the governor, whose duty it is to notify the several officers of the 
state whose duties shall be to replace all printed or written pamphlets, 
documents, maps and other papers certified to have been destroyed. 

(Acts 1865, p. 83, Sec. 1308.) 

443c. When Boards shall appoint commissioner. In the event that 
the files of the several courts, or of the several officers of the county 
have been destroyed, in whole or in part, the Board shall appoint a 
commissioner whose duties are to secure evidence and enter of record 
all matters touching the lost records of such courts and officers. 

The county recorder shall record all deeds and other instruments in 
writing. 

443d. Boards may remove commissioner for cause — Apijointment of 
successor. The Board may at any time remove such appointee for in- 
competency, unnecessary delays or neglects of duty, and appoint a suc- 
cessor. 

(Acts 1865, p. 83, Sec. 1323.) 

443e. When Boai'd may cause new assessment rolls — Collection of 
taxes. The Board shall cause new assessment rolls and duplicates, 
when destroyed, to be made out under the same regulations that the 
originals were made, and all other necessary arrangements proper that 
the treasurer may be enabled to collect all taxes due the county. 

RELINQUISHED TRUST. 

(Acts 1903, p. 254, Sec. 6042.) 
444. Concerning inadequate donation for home, indigent women or 
orphans — Duty of auditor — Duty of Boards. In any case where there 
has been devised or bequeathed to the county, in trust, for purpose of 
establishing a home for indigent women, worthy poor, or orphan chil- 
dren, and it is found that such amount of property is inadequate to 
carry out the provision of the trust, without an additional appropria- 
tion from the county, and that the administration of the trust will not 
be of substantial benefit to the county, the Board shall relinquish such 
trust, whereupon the property therein devised and bequeathed, shall 
vest in the legal heirs of the donor or testator according to the laws of 
the state. 



§445a BoAKD of County Commissioners. 170 

It then becomes the duty of the auditor to file his certified tran- 
script of the Board's finding with the recorder of such county where 
the real estate is situated, who shall record same in the deed record of 
such county. 

RESIGNATIONS. 

(Acts 1 R. S. 1852, p. 233, Sec. 9141.) 
445a. How and when made to auditor. Resignations of all officers, 
who receive their certificates of election or appointment from the audi- 
tor or board of judges, shall be transmitted to the auditor. 

(Acts 1 R. S. 1852, p. 233, Sec. 9142.) 
445b. How and when made to the court or Board. Whenever any 
county officer shall resign, he shall give notice thereof to the court or 
Board having the power to appoint a successor. 

REWARDS. 

(Acts 1899, p. 381, Sec. 2559.) 
446a. $100 for information as to bribe of voter. A reward of $10 
is payable out of the treasury of the county, upon a valid claim, to 
anyone having knowledge or information of the violation of the pro- 
visions against the sale or barter, or offer of sale or barter of votes, or 
offers to refrain from voting at any general, special or primary elec- 
tion, and who shall procure or furnish, or cause to be procured or fur- 
nished the testimony necessary to secure the conviction of such violator. 

(Acts 1899, p. 132, Sec. 6034.) 
446b. $500 for arrest and conviction for murder and lynch. That 
whenever any Board of County Commissioners of any county in this 
state shall be satisfied that there has been a murder or lynching of a 
human being committed in their county, and that the perpetrator or 
perpetrators, of either of such crimes is unknown, or, if known, has 
escaped to parts unknown, then, in either such case, such Board of 
County Commissioners shall have the right, power and authority to 
offer and pay a reward in any sum not exceeding five hundred ($500) 
dollars for the discovery, arrest and conviction of the perpetrator, or 
perpetrators of either of said crimes, or, for the arrest and conviction 
of the perpetrator, or perpetrators of either of said crimes, if known, 
but who has, or have escaped to parts unknown: Provided, That the 
prosecuting attorney of the county in which the offense was committed 
shall not receive or accept any reward. 

RULES OF BUSINESS. 

(Acts 1 R. S. 1852, p. 224, Sec. 5982.) 
447. Boards required to adopt. The law specifically requires Boards 
to adopt regulations for the transaction of business; and in trial of 
causes the Board shall comply, so far as practicable, with the rules for 
conducting business in the circuit court. 



171 Board of County Commissioners. §448a 

SANITARY DISTRICTS. 

(Acts 1913, p. 821, Sec. 6174b.) 

448a. The 1913 law, preliniinary i^roceedings. Under the provi- 
sions of an act approved March 15, 1913, whenever any area of con- 
tiguous territory within a county shall contain two or more incorpo- 
rated municipalities, so situated that the public health will be better 
preserved by a common outlet for drainage, or a joint system of sewer- 
age, the same may be incorporated into a sanitary district under the act. 

448b. Duties of Board as to petitions and requireinents — Newspaper 
publication. Any 5 00 voters, resident freeholders, 100 being resident 
of each municipality to be included in such district, may petition the 
Board, asking an order for an election to be held to vote whether or 
not such district shall be organized. Such petition shall be addressed 
to the Board and shall contain a definite description of the territory in- 
volved, likewise, the name of such proposed district. 

Upon filing the petition, it shall be the duty of the Board, under 
the power and authority given it under the act, to consider such 
boundaries as to whether or not the same shall be the same as de- 
scribed therein or otherwise. Notice by a twenty-day publication in 
one or more newspapers, published in each of the municipalities, shall 
be given by the Board, after which it will give consideration to the 
petition. 

448c. When Board may order an election. All persons in such ter- 
ritory shall have an opportunity to be heard at such meeting upon the 
question of location and boundary, and to make suggestions thereto 
relating; and the Board after hearing such mention, shall determine 
the limits of such proposed district and to that end may alter and 
amend the petition. 

The Board shall then fix a day for holding such special election, 
calling a day, not less than thirty nor more than sixty days thereafter. 
The Board shall give newspaper notice, published in each of the several 
municipalities, at least thirty days before the date then fixed for such 
election, and shall include in such notice the purposes thereof. Each 
legal voter residing within such territory shall have a right to vote for 
or against the organization of the sanitary district. The election shall 
be had, as nearly as practicable, in conformity with the general elec- 
tion laws of the state. 

The Board shall canvass the returns of the special election and 
record same in its proceedings. If a majority of the votes cast in each 
municipality, and in each part of a municipality, when the whole is not 
included within the proposed district, is in favor of the establishment 
of such district the Board shall enter an order incorporating the san- 
itary district, and it shall be deemed as organized. 

Note: If the proposition fails to carry in any one municipal- 
ity, the sanitary district fails. — Editor. 

448d. Trustees iippointed by governor — Payment of election ex- 
penses — Reimbursement. The expenses of such election shall be paid 
by the Board. In the event that such sanitary district shall be estab- 



§449 Board of County Commissioners. 172 

lished and incorporated, it shall repay such amount to the county 
within two years. 

The trustees of the incorporation shall be appointed by the gov- 
ernor. 

SCHOOL FUNDS. 
(Acts 1865, p. 3, Sec. 6184.) 

449. Lfiability of countj — Auditor's duty — Annual interest — Annual 
deficit. The several counties of the state are held liable for the preser- 
vation of the principals of the congressional school fund as well as the 
common school fund which, from time to time, has been distributed to 
them, and all other accretions to the latter fund. 

The county is likewise liable for the payment of the interest on 
these funds, which must be full and complete every year. 

The auditor is required annually to report the condition of these 
funds to the superintendent of public instruction who, in the event of a 
deficit, shall direct the attention of the Board and county auditor to 
same when the Board is required to provide for such deficit. 

(Acts 1865, p. 3, Sec. 6189.) 

450. Requirement of Boards in formation of civil townships. In 

the formation of civil tov.nships, the Board is required to conform the 
boundaries with those of a congressional township, so far as it is prac- 
ticable to do so. 

(Acts 1883, p. 79, Sec. 6209.) 

451. Duties in the sale of school lands. When any school lands, in 
section 16 of any congressional township, have been forfeited to such 
township for failure to pay the principal or interest, on the purchase 
price thereof, and such lands remain unsold for three years for the 
reason that amount due thereon is in excess of its value, the land may 
be reappraised and sold according to law. 

(Section 6210.) 

452. Deficit to be made up by Board, when. If such second or other 
sale is for a sum less than the price of the original sale, the Board may 
make an appropriation to make good the deficit. 

(Acts 1901, p. 152, Sec. 6234.) 

453. When council may authorize loan of to county. When the 
common school fund, the congressional township school fund, or the 
permanent endowment fund accumulates in the county treasury to the 
amount of $1,000 or more, for a period of thirty days, or more, and 
remains unloaned, in such event, if the county does not have sufficient 
money to pay the debts and obligations, then owing, the courjcil can 
lawfully borrow such money, or any part thereof, for a period not ex- 
ceeding five years. 

(Acts 1901, p. 152, Sec. 6235.) 

454. When county bori'OAVs — Duties of president of council. When 
a loan is thus made, a proper record shall be made of the order of the 



173 Board of County Commissioners. §455 

council, and a written obligation signed officially by its president, pay- 
able to the State of Indiana, specifying all facts and handed to the 
auditor to be properly entered and deposited with the other school fund 
loans. 

(Acts 1905, p. 25, Sec. 6257.) 

455. When county may pay expenses of making school fund loans. 
The Board may, at its discretion, pass an order, at any regular session, 
to bear the expense of making school fund loans, covering expense of 
appraisers, abstract of title and record of mortgage, provided that such 
expense shall not exceed one per cent of such loan, and further that 
such expense shall not be paid unless the loan be made. 

The Board may at any subsequent regular session repeal such order. 
Councils are required to care for this expense by appropriation, 
when such an order exists. 

(Acts 1899, p. 55, Sec. 6274.) 

456. When Board may take conieyance from owners. When 
lands have been mortgaged to the common school fund or the 
congressional school fund and there is a default in the payment of 
interest, or the interest and principal, and the auditor is unable to sell 
such land for a sufficient sum to pay such loan, as provided by law, and 
the county shall pay such loan to the school fund, the Board may at 
any session, if deemed for the best interests of the county, accept in 
the name of the county, a conveyance of such land from the owners and 
take possession thereof. 

(Acts 1899, p. 55, Sec. 6275.) 

457. AVhen rights of state inure to county. In cases where school 
fund lands have been bought in by the auditor on account of such fund, 
and have been reoffered for sale, and no bid received sufficient to pay 
principal, interest, damages and costs, as otherwise provided by law, 
and the county shall pay the same to said school fund, the rights of the 
state shall inure to the benefit of the county; whereupon the auditor 
may proceed to collect the amount due the county by suit foreclosing 
such lien, and recover a personal judgment against the mortgagor for 
amount due the county, and the auditor may, in the same suit, recover 
possession of the mortgaged premises, and quiet title thereto. 

(Acts 1899, p. 55, Sec. 6276.) 

458. When Board may cause order of sale — Deed executed to coun- 
ty. The Board of Commissioners, when the county in either case has 
paid the principal and interest due such school fund for the purpose of 
reimbursing the county, if, in the opinion of the Board, it shall be to 
the best interest of the county, may cause the land, which has been 
ordered sold in such decree of the court, to be purchased at such 
judicial sale in the name of the county for any price, or any maximum 
price it may fix, not in any case exceeding the full amount of the prin- 
cipal, interest, cost and accrued costs due on such decree at the date of 
such sale. The officer making the sale shall execute a deed to the 
county for such real estate. 



§459 Board of County Commissioners. 174 

(Acts 1899, p. 55, Sec. 6277.) 

459. Board may lease land until sold — Auditor collects rents. The 

Board may lease the land, thus acquired, until it is sold, at periods not 
exceeding one year. Such lease to be in writing and spread of record 
on the records of the Board. 

The auditor shall be authorized to collect such rents, and if in kind, 
to sell the same in the market and pay proceeds to the treasurer as a 
part of the general fund of the county. 

(Acts 1899, p. 55, Sec. 6278.) 

460a. AVhen acquired lands may be ordered to be sold — Duties of 
auditor — Objections by taxpayer. The Board at any session may order 
the auditor to sell such real estate at public or private sale, such order 
to fix the terms of sale, in cash or in installments with interest and 
security, as Board may require, being limited to a credit of five years. 
Before making such sale the auditor shall cause such land to be ap- 
praised by three distinterested freeholders of the county who are ac- 
quainted with the land. Such appraisers shall be sworn to appraise the 
land honestly and impartially, which oath shall be endorsed upon the 
appraisement. The auditor shall advertise such sale for at least thirty 
days in a newspaper of the county and by the posting at least five 
notices within the situated township, and one at the court house door. 
The land shall sell for not less than the appraised value. 

If not sold in a reasonable time, the Board may order a reappraise- 
ment and alter the terms, giving the same notice as before. The audit- 
or shall report the sale when made at next regular session of the 
Board. 

Objections to the sale may be filed within three days from the first 
day of the term when same was reported by any interested taxpayer, 
which objections shall be determined by the Board. 

460b. Objections remo\ ed — Resale ordeved — Certificate — When 
deed to be made by Board — General fund. A resale may be ordered 
after the removal of all objections. When the sale is made by pay- 
ments in installments, a certificate shall be given to the purchaser who 
is entitled to possession of the land. Such certificate is assignable, and 
deferred payments with accrued interest may be made before their 
maturity. 

Upon final payment of the purchase money, which belongs to the 
general fund of the county, the Board shall execute its deed to said 
purchaser. 

(Acts 1865, p. 3, Sec. 6285.) 

461. Annual report condition of school fund — Full particulars — 
Auditor and treasurer. County auditors and treasurers shall annually 
report to the Board at the June session all matters concerning the com- 
mon school fund and the congressional school fund, embracing, dis- 
tinctively the total amounts; amounts of additions with their source; 
condition as to safety; amounts safely and unsafely invested; amounts 
uninvested; losses if any; and amounts of interest collected and due 
and uncollected. 



175 Board of County Commissioners. §462a 

(Acts 1865, p. 3, Sec. 6286.) 
462a. June complete exaiiiination of school liinds by Board in pres- 
ence of auditor and treasurer — Deficits to be made good at June meet- 
ing. The Boards of County 'Gommissioners shall, annually, at their 
June sessions, in the presence of the auditors and treasurers, examine 
said reports, the accounts, and proceedings of said officers in relation 
to said funds, and the revenue derived from them. They shall compare 
with said reports, the cash, the notes, mortgages, records, and books 
of said officers, with a view to ascertain the amount of said funds and 
their safety; and to do whatever may be necessary to secure their 
preservation and the prompt payment of the annual interest thereon as 
the same becomes due; and make up to said fund losses which have 
accrued or may accrue. 

462b. Items required to be covered in report — Separation of funds. 
Each Board of County Commissioners, at said session, shall make out 
a report, in writing, of the result of such examination, showing — 

First. The amounts of said funds at the close of last year. 

Second. The amount added from the sale of land within the year. 

Third. The number of acres of unsold congressional township 
school lands and the approximate value thereof. 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the commissioners of the sinking 
fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth. The amount refunded within the year. 

Ninth. The amount reloaned within the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteenth. The amount of fund lost since 1842. 

Fourteenth. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such report said Board shall distinguish between the con- 
gressional township fund and the common school fund; and in its ac- 
count of the interest or revenue derived from said funds, it shall ob- 
serve the same distinction. 

(Acts 1865, p. 3, Sec. 6288.) 
462c. Duties of auditor, treasurer and Board — Record — Duplicate 
reports to state officers. Such report shall be entered on the records 
of the Board; and copies thereof signed by the members, the auditor 
and treasurer, shall be transmitted to the auditor of state and super- 
intendent of public instruction. 

SCHOOL TRUSTEES. 
(Acts 1865, p. 3, Sec. 6426.) 
463a. Annual statistical report to county superintendent — Penalty. 

School trustees of cities, towns and townships are required annually 



§463b Board of County Commissioners. 176 

to make certain statistical and financial reports, to the county super- 
intendent, and on failure to comply, that officer shall, in writing, notify 
the auditor of the trustee's delinquency. The auditor is required to 
diminish the apportionment of such city,Hown or township in the sum 
of $25 and to withhold the warrant from such trustee. Such penalty 
of $25 and any further damages may be recovered by the Board by 
suit on such trustee's bond, 

(Acts 1865, p. 3, Sec. 6429.) 

463b. Inspection of school matters, by Board. The books, papers 
and accounts of any trustee, relative to schools, shall at all times be 
subject to the inspection of the county superintendent, county auditor 
and the Board. 

(Sec. 6430.) 

463c. Service on, by summons or subpoena. For the purpose of 
such inspection, these officers may, by subpoena, summon such trustee 
before them and require the production of such books, papers and ac- 
counts, after a notice of three days. 

(Acts 1865, p. 3, Sec. 6431.) 

463d. When errors found to correct — When fraud found to remove. 

If any such books and accounts have been imperfectly kept, the Board 
may correct them. If fraud appears, the Board shall remove the per- 
son guilty thereof. 

SCHOOLS. 

(Acts 1907, p. 310, Sec. 6458.) 

464. Board's duty in I'olation to procure transfer — Orphans' home 
— Custodial institution — Trustees's duty. Dependent children in or- 
phans' home, or a custodial institution, shall be educated by the town- 
ship trustee or school boards of the corporation in which the home or 
institution is located. 

Boards, or other authorities who place such children in such homes, 
shall immediately give notice to the officers of the school corporation 
from which such child came, that such child has been placed in such 
home or institution, whereupon such trustee or school corporation 
shall issue a transfer of such child to the school corporation where the 
home or institution is located. 

SPECIAL SESSIONS OF BOARD OF COMMISSIONERS. 

(Acts 1863, p. 19, Sec. 5975.) 

465. Who may call special sessions of the Board. Special sessions 
of the Board may be called whenever the public interests require it, first 
by the county auditor; secondly, by the clerk of the circuit court, in 
case of the death or disqualification of the county auditor; thirdly, 
by the recorder of the proper county, in case of disqualification, from 
any cause, or both auditor and clerk. 



177 Board of County Commissioners. I §466 

(Acts 1899, p. 67, Sec. 5976.) 

466. When by auditor — Business confined. The county auditor is 
required to mention specifically in his call for a special meeting of the 
Board, for what special business such call is made; and it shall be un- 
lawful for the Board to transact any business other than that stated 
in such call. 

(Acts 1863, p. 19, Sec. 5977.) 

467. When six days' notice required. Unless it is the opinion of the 
officer making a call for the special meeting of the Board, that an 
emergency exists, at least, six days notice shall be given, the officer fix- 
ing the time at his discretion. 

(Acts 1863, p. 19, Sec. 5978.) 

468. How governed by the laws in force. Special sessions of Board 
of Commissioners, called in pursuance of the act, shall be governed by 
the laws now in force regulating the proceedings and defining the pow- 
ers of County Commissioners at special sessions. 

SETTLEMENTS. 
(Acts 1899, p. 343, Sec. 5948.) 

469. The January settlement with the treasurer. The treasurer 
shall make a complete settlement with the Board at the January term 
of each year, for the preceding calendar year, and a copy of the settle- 
ment sheet shall be copied in the order book of the Board. 

(Acts 1879, S. p. 108, Sec. 6086.) 

470. When settlement is not binding and conclusive — How reopened. 

Settlements made by Boards with any officer, shall not be binding or 
conclusive in the event that such officer has failed to account for any 
or all moneys collected or received by virtue of his office, or a duty 
failed or omitted; and he is still held on his bond for such amount, or 
on the other hand, if, through inadvertence, mistake or other cause, 
he has accounted for and paid to such Board more money than was 
equitably or justly due from him, same shall be repaid and released, 
conditioned that such repayment is for moneys that he was authorized 
by law to collect; and in either case the statute of limitation does not 
bar. 

SHERIFF — COUNTY. 

(1 R. S. 1852, p. 224, Sec. 5979.) 

471. Duties of, as bailiff. The sheriff, by himself or his deputy, 
shall attend the meetings of the Board and execute its orders. 

(Acts 2 R. S. 1852, p. 10, Sec. 9428.) 

472. Official bond of $5,000 — xlpproval. The county sheriff shall 
give bond in the penal sum of $5,000, to be approved by the Board. 

Note: The courts have decided that it is the duty of the 
Board to meet, without notice, within ten days after the com- 
mencement of the term of the sheriff, and after the receipt 
of his commission, to approve his bond. 

12—4842 



§473 Board of County Commissioners. 178 

(Acts 2 R. S. 1852, p. 10, Sec. 9429.) 

473. His duty as to county jail. The county sheriff shall take care 
of the jail and serve all processes directed to him from the Board, 
according to law. 

(Acts 1879, S. p. 130, Sec. 9434.) 

474. Compensation for special services. Allowance for special serv- 
ices, where no provision has been made by law for its payment, as 
enacted in Acts 1879, S. p. 130, has been suspended by the 1905 act. 

Note: But see Sec. 7335, as amended, Acts 1915, p. 634. 

SOLDIERS' MONUMENTS. 
(Acts 1891, p. 369, Sec. 6044.) 

475. Boards may accept donations — Record of donations. Boards 
are authorized to procure a proper book for the purpose of receiving 
subscriptions and donations for any person or persons desiring to 
contribute for the erection of a monument or memorial hall to thosci 
who have or may lose their lives in or from service in the civil war. 

Such book to be properly preserved by the county auditor, and 
shall be free to the inspection of any one who has lost friends or rela- 
tives in said war for the suppression of the rebellion. 
Note: See Sees. 3 99a-e, this book. 

SPECIAL COUNTY COMMISSIONERS. 

(Acts 1913, p. 430, Sec. 5982a.) 

476. When circuit court may appoint — Duties and powers — Duty of 
auditor. Whenever in a trial before the Board of Commissioners it 
finds that two or more of the members are disqualified, they shall im- 
mediately decline to act further in such trial. 

Within ten days thereafter the auditor shall certify the entire pro- 
ceedings to the circuit court who if satisfied that such actions were 
right, shall appoint two or more, as the case may be, competent per- 
sons to act as special County Commissioners in the trial of such cause. 
Each such appointee shall be qualified and his oath entered on the 
records, and each shall have power together with the other members to 
to determine such cause to its completion. 

STATE FARM. 

(Acts 1913, p. 660, Sec. 9926a.) 
477a. Intended as correctional institution. Under the act, 1913, a 
correctional institution was established to be known as the Indiana 
State Farm, intended for male violators of the law. 

The act provides for the selection of a site, and upon being equipped 
with buildings and upon the proclamation of the governor, male pris- 
oners, who may be committed to the county jail or work house, may 
be confined to the Indiana state farm. Boys committed to the Indiana 
boys' school, at Plainfield, cannot be confined on the penal farm. 



179 Board of County Commissioners. §477b 

(Acts 1913, p. 660, Sec. 99261.) 
477b. Duty of superintendent as to discharged prisoner — Trans- 
portation ijaid by county. Section 9, of the act, provides that the 
sheriff shall receive the same fees and mileage for committing a pris- 
oner to the farm, as received for a prisoner to the state reformatory; 
and that the superintendent of the farm, upon tbe discharge of such 
prisoner shall secure a railroad ticket and deliver to the proper railroad 
conductor, to such point as the prisoner desires to go not farther in 
distance from the farm than the place from whence he was committed. 
All expense thus incurred shall be allowed by Board of the county 
from whence the prisoner was committed. 

STREAMS — POLLUTIOX. 

(Acts 1909, p. 60, Sec. 7597.) 
478. Complaint to state board of health. Boards are authorized to 
make a complaint, in writing, to the state board of health concerning 
the pollution of streams, when such act is deleterious to public health 
and comfort. 

STREAMS — XAVIGABLE. 

(Acts 1 R. S. 1852, p. 373, Sec. 6050.) 
479a. Board's authority to declare. The Board is authorized to de- 
clare any water course, in its county, navigable upon the petition of 
twenty-four freeholders of the county who reside in the vicinity of such 
stream. 

See also section 483a herein. 
479b. Pi'ocedure of Board on petition. The Board shall cause an 
examination of the stream to be made by some suitable person, who 
shall report the length of same to the Board; and how much thereof 
is capable of being made navigable; and if such report satisfies the 
Board that such stream is of public utility, as a navigable one, it shall 
confirm and cause such report to be recorded. 
See also section 4 8 3b herein, 

(Acts 1905, p. 584, Sec. 2650.) 
479c. Unlawful to obstruct U. S. government stream. It is unlawful 
to obstruct any navigable stream by an artificial barrier, in or across 
the same, which may not have been surveyed and sold as land by the 
United States, and on conviction subject to a fine of $5 to $500 for 
every week such obstruction so remains. 

STREAMS. 

(Acts 1911, p. 352, Sec. 2667ab.) 
480. Law of 1911 — Interfering with ferry boat at its landing — 
Penalty. Under an act of 1911, it is unlawful to interfere with a ferry 
boat at its landing by obstructing with any kind of water craft, or 
otherwise, that will prevent the ferry boat from landing. The fine on 
conviction is $10 to $100. 



§481 BoAKD OF County Commissioners. 180 

(Acts 1873, p. 226, Sec. 6057.) 

481. Appropriation to remove obstructions. The Board has power 
to appropriate such sums as it may deem necessary, not exceeding $8 0, 
to remove obstructions from streams which are declared navigable by 
law. 

Note: See also Sec. 483 herein. Commissioners can not 
make appropriations, but can recommend. — Attorney-general. 

STREAMS — CHANGE IN COURSE. 

(Acts 1883, p. 192, Sec. 6058.) 

482a. Powers of Board — Protection by retaining wall. Power is 
given the Board under Acts 1883, to straighten, change the course, di- 
rection or location of any stream or body of water, and to protect by 
retaining wall, or otherwise, its banks from washing or cutting by 
the flow of water; and to change any watercourse, or the flow of any 
stream or body of water within the limits of the county. 

(Acts 1883, p. 192, Sec. 605^.) 

482b. Petition to Board- — Viewers and surveyor — Newspaper pub- 
lication. Upon the petition to the Board of two or more landowners 
whose lands will be assessed for the cost of such improvement which 
is specially mentioned therein, and the flling of a bond signed by one 
or more responsible freeholders, conditioned for the payment of the 
preliminary survey and report, if the improvement shall not be finally 
ordered, the Board shall appoint three disinterested freeholders of 
the county as viewers, and a competent surveyor or engineer, to pro- 
ceed upon a fixed day, to examine and to lay out the petitioned im- 
provement, as in their opinion public convenience and utility require. 
The auditor is required to give notice of the time and place of 
said meeting, and a description of the improvement, by three weeks' 
newspaper publication, next prior to such time, and where no news- 
paper is printed, he shall post printed posters in not less than ten 
public places along the line of the proposed imrovement. 

(Acts 1883, p. 192, Sec. 6060.) 

482c. Duties of viewers and surveyor — Requirements — Ai3peal — 
Claims for damages. The viewers and engineer, or surveyor, having 
met at the fixed time and place, after having taken the usual oath, 
shall proceed to view such improvement petitioned for, and to assess 
and determine the damages sustained to the landowners where said 
proposed improvement is to be made, assessment of damages being 
confined to such owners as are minors, idiots or lunatics. All other 
owners are barred from damages, unless such owners, by self or agent, 
shall file with such viewers a written claim for damages for the ap- 
propriation of their lands for such improvement, within thirty days 
after the completion of the survey by the viewers. 

Any aggrieved person upon filing cost bond, approved by the audi- 
tor, may appeal to the circuit court. 



181 Board of County Commissioners. §482d 

(Acts 1883, p. 192, Sec. 6061.) 
482<i. Requirements as to report. After the view and examination 
of the proposed improvement have been completed, the viewers and 
surveyor, or engineer, shall make report to the Board. 

Such report shall embody: the damages claimed, and by whom 
claimed; the amount assessed to each claimant; an estimate of the 
expenses of said improvement; and the lands benefited by same and that 
ought to be assessed for such improvement. The act provides that lands 
which do not lie within two miles of the proposed improvement, shall 
not be assessed. It also provides that where there are lands liable to 
assessment, under the act, for the construction of two or more such 
improvements, the viewers shall consider that fact in assessing benefits. 

(Acts 1883, p. 192, Sec. 6062.) 

482fe. Duty of Board as to report. Upon the return of the view- 
ers' report, the Board shall, if in its opinion public utility requires the 
improvement, enter upon its record an order that the improvement be 
made. Such order shall state kind of improvement to be made and 
the width and extent of same, the lands to be assessed for the expense 
of such improvement. 

Such order of the Board shall not be made until a majority of the 
resident landowners whose lands are reported as benefited thereby and 
ought to be assessed for the same; and until the owners of a majority 
of the whole number of acres of all the lands thus reported as bene- 
fited and assessed shall have subscribed the petition, or a duplicate 
thereof, and filed same with the auditor. 

In the count for a majoritj^ by the Board, the act gives details 
as to minor owners, life estate owners, omitted tracts, and other con- 
ditions which should have the reference of the Board. 

482f. Appointment of comi>etent engineer. After the Board has 
made its order for the improvement, it shall appoint a competent engi- 
neer or surveyor to superintend its performance and completion. He, 
with the approval of the Board, is empowered to make contracts for its 
construction, and the contractor may at once enter upon such perform- 
ance under his superintendence. 

The act provides for the kind of contract, and for notice of letting 
the contract by newspaper publication. 

Note: See Burns R. S., Sees. 589 6a-c, Sees. 4 30a-c, this book. 

(Acts 1883, p. 192, Sec. 6063.) 
482g. Viewers to apportion expenses — Report — Action of Board — 
Newspaper publication. When such improvement shall have been or- 
dered by the Board, it shall immediately appoint three disinterested 
freeholders of the county, who shall upon an actual view of the prem- 
ises, apportion the estimated expense upon the real property embraced 
in the order, according to the benefit derived from such improvement, 
and shall consider assessments made for former like improvements. 
When such committee has returned its report, the auditor is required 
to give public newspaper or posted notice for at least three consecu- 



§482h Board of County Commissioners. 182 

tive weeks, and mention therein when the Board will meet to hear 
the same. If there are no exceptions, the Board shall confirm the re- 
port. 

The Board, sitting as a court and governed under the rules of 
other courts, shall hear testimony, summon witnesses and compel their 
attendance. 

After such hearing the Board may either confirm, or refer to a 
new committee of three disinterested freeholders of the county, who 
with similar requirements as before as to notice, shall meet in like 
manner as the first committee, and after qualification, upon actual 
view make a new apportionment, or it may recommend the confirmation 
of the former report. Upon the return of its report to the Board, like 
proceedings are had as at the return of the first report, except that 
there is no further reference to a committee. 

482h. Final action of Board. This final action shall be made a mat- 
ter of record by the Board together with the report as confirmed, show- 
ing the apportionment of the estimated expenses upon the lands or- 
dered to be assessed, as aforesaid. 

Such assessments shall be placed upon a special duplicate by the 
auditor, furnished by the county, and such assessment shall be con- 
sidered as a first lien on such lands, in the same manner as other taxes 
are. 

All expenses and cobts of the preliminary surveying shall be ad- 
vanced by the county, and be refunded, as well as all other preliminary 
amounts advanced by the county. 

482i. Auditor to notify all interested persons. The auditor shall 
notify by mail by a written or printed notice, every nonresident, stat- 
ing the nature or extent of the proposed improvement. 

Where postoffice address is unknown, such notice to be served on 
party controlling such real estate. 

(Acts 1893, p. 192, Sec. 6064.) 

482j. Process of issuance of bonds. For the purpose of raising the 
money necessary to meet the expenses of said improvement, the Board 
is authorized to issue the bonds of the county, maturing at intervals 
of two years, and not beyond eight years, bearing 6 per cent, interest 
per annum, payable semi-annually, to be sold at not less than par value. 
Such assessments shall be so divided, and so placed on the duplicate 
for collection, as to meet such maturing bonds and interest, and when 
collected shall be applied only toward the payment of the bonds and 
interest. 

482k. When delivery of bonds to be made. There shall be no de- 
livery of bonds or the payment of any money to the contractor, ex- 
cept on estimate of work done, as it progresses or is completed. Th£ 
limit of issue of bonds, at any one time, shall not exceed $100,000. 

(Acts 1893, p. 192, Sec. 6065.) 
4821. Limit in compensation to persons employed. The compensa- 
tion of persons employed under this act shall be fi::ed by the Board, 
and shall not exceed $3 per day, except where fixed by law. 



183 BoAKD OF County Commissioners. §482m 

(Acts 1893, p. 192, Sec. 6066.) 
482m. Requirements, when extends into adjoining county. In the 

event that it may be desirable or expedient to continue the contemplated 
improvement into an adjoining county, similar proceedings as have been 
mentioned shall be had before the Board of the county where the ex- 
tension is located. 

(Acts 1893, p. 192, Sec. 6067.) 
482n. Errors can not be taken advantage of. No person shall be 
permitted to take advantage of any error committed in any of the 
processes under and by virtue of this act, nor through the error of any 
person v/ho is officially connected in any wise, with the proposed im- 
provement, subject however to the right of appeal to the circuit court. 

(Section 6068.) 
482o. How repairs are to be kej)t up. Needed repairs in any such 
constructed work under this act, shall be provided for in same manner 
as is provided for in the original construction. 

STREAMS (AS HIGHWAYS). 

(Acts 1905, p. 521, Sec. 7672.) 
483a. Additional law — Board's authority — As a highway. Boards 
have the authority, upon the petition of 24 resident freeholders resid- 
ing in the neighborhood, to declare any stream or water course in sucli 
county as navigable. 

Note: See also Sec. 47 9a, this book. 

(Section 7 67 3.) 
483b. Procedure before Board. Upon such petition the Board shall 
cause an examination of the stream, proposed to be declared navigable, 
by some suitable person, who shall report to the Board the length, and 
how much thereof is capable of being so declared, when the Board shall 
confirm, if satisfied that such will be of public utility, and so declare, 
and cause to be made a matter of record. 

Note: See also Sec. 479b, this book.. 

(Acts 1905, p. 521, Sec. 7678.) 
483c. Appropriation to remove obstructions. Boards have power to 
use such sum as may be appropriated from the county treasury, if 
deemed necessary, to remove obstructions from legally navigable 
streams. 

SUPERINTENDENT — COUNTY — SCHOOLS. 

(Acts 1899, p. 240, Sec. 6395.) 
484. Board to furnish office. The Board of County Commissioners 
shall provide and furnish an office for the county superintendent of 
their county, allow and pay all costs incurred by him for postage, 
stationery and records in carrying out the provisions of this act, upon 
his making to them satisfactory proof thereof. 



§485 BoAKD OF County Commissioners. 184 

(Acts 1913, p. 77, Sec. 6400a.) 
485. Additional conixjensation in certain counties. In counties con- 
taining more than 7 7,000 population, according to last preceding U. 
S. census. Boards may allow an additional compensation to the county 
superintendent if it is deemed by the Board that it is justified by hiji 
additional labor. Such increase shall not exceed $1,000 per year. 

Note: At this date, the following counties, only, in the 
State are affected: Allen, 93,38 6; Lake, 82,8 64; Marion, 
263,661; St. Joseph, 84,213; Vanderburgh, 77,438, and Vigo, 
87,930. 

(Acts 1911, p. 156, Sec. 6400b.) 
485a. Superintendent's traveling evpense. The traveling expenses 
of the county superintendent, not exceeding one hundred dollars 
($100; annually, incurred while in the discharge of his official duties 
within his county shall be paid by the county treasurer upon a war- 
rant issued by the county auditor. The county superintendent shall 
make affidavit to the county auditor, before such warrant shall issue 
from the county auditor to the county treasurer. 

(Acts 1911, p. 156, Sec. 6400c.) 
4851j. Assistant superintendent. The board of county commission- 
ers may authorize the county superintendent to appoint an assistant 
to assist him in the execution of his official duties if in their judg- 
ment such an assistant is necessary. Such assistant shall be appointed 
by the county superintendent and shall work under his direction and 
supervision. Such assistant shall receive for his services rendered, an 
amount not to exceed three dollars per day for not to exceed one 
hundred and twenty days in any one year. Such amount to be paid 
by the county treasurer upon warrant issued by the county auditor. 

SURVEYOR — COUNTY. 

(Acts 1913, p. 69, Sec. 9510a..) 
486a. General bond, not less $5,000 — Acceptance. The county sur- 
veyor in each county in the State of Indiana, shall give a bond in a 
sum fixed by the Board of Commissioners in the county, provided that 
no such bond shall be for a sum less than five thousand dollars, pay- 
able to the State of Indiana, and that such bond shall be conditioned 
for the faithful discharge of all duties required of such surveyor, and 
also all duties required of him as civil engineer in the work of the 
county, including the preparation of plans and specifications for, and 
general supervision of, all bridges, turnpikes, roads, ditches, drains, 
levees, and all other civil engineer work which may be done by order 
of the Board of Commissioners of such county or by the order of the 
circuit or superior court of such county. And such bond shall be liable 
for any failure or default on the part of any such county surveyor in 
the discharge of any such duties required of him. 

(Sec. 9510b.) 
486b. Board fixes amount of bond. The Board of Commissioners of 
each county shall within thirty days after the taking effect of this act 



185 Board of County Commissioners. §486c 

by a proper order, provide the amount of bond which shall be required 
of the surveyor of such county, and such surveyor of such county shall, 
within ninety days after taking effect of this act, file a bond as herein 
provided in the office of the auditor of the county, which bond shall 
be approved by the Board of Commissioners of said county and signed 
by at least two freehold sureties thereof, or an authorized surety com- 
pany. 

iSec. 9510c.) 
486c. Special bond not required. After the giving of the bond as 
provided in this act, by the county surveyor, no other surety shall be 
required of any such surveyor for the performance of any official duty 
or as civil engineer or drainage commissioner or superintendent of any 
public work: Provided, however. That if at any time the Board of 
Commissioners of any county shall determine that the surety on the 
surveyor's bond or the amount named therein is not sufficient in- 
demnity then such Board of Commissioners shall have the right to 
order the surveyor to execute a new bond in such amount as the Board 
may require and to its acceptance and approval. 

SURVEYOR — DEPUTIES. 

(Acts 1 R. S. 1852, p. 469, Sec. 9514.) 

487. When deputies may be appointed. The county surveyor has 
the authority to appoint deputies. Whenever his services are required 
in a case where he is interested, the Board shall appoint a deputy to 
act. 

(Acts 1911, p. 185, Sec. 9511.) 

488. To have charge of all surveying and engineering work of 
county — Competency. By an amendment, to the original act of 1852, 
approved March 3, 1911, the Board is required to direct the county 
surveyor, if competent, to have charge of all surveying and civil engi- 
neering work of the county covering plans and specifications for 
bridges, turnpikes, roads, ditches, drains, levees and all other survey- 
ing and engineering work of the county. 

Provisions in the act cover the determination of his competency. 

(Acts 1907, p. 508, Sec. 6140.) 

489. Ex-officio drainage commissioner. The county surveyor, under 
the Drainage Act of 1907, p. 508, is ex-officio one of the drainage com- 
missioners of his county, and under the act is required to filed a sepa- 
rate official bond. 

The act of 1913, Sec. 9510a Burns R. S., requires a bond of not less 
than $5,000, which bond supersedes the separate bond. 

(Acts 1901, p. 526, Sec. 9528.) 

490. Counties of 150,000, what Board to furnish. In counties of 
150,000, the Board is required to furnish the surveyor with an easily 
accessible office and all necessary furnishings therefor; all ordinary 
office supplies, surveying stakes and other materials required in the 
execution of his work, on requisition provided for by law; all such 



§491 Board of County Commissioners. 186 

supplies to remain as property of the county. This act applies only to 
Marion county, at this date. 

TAXATION. 

(Acts 1909, p. 156, Sec. 6088-6089.) 

491. Refund of erroneous county tax to taxpayer — State tax, how 
recovered. In the event that any taxpayer has paid an erroneous tax 
in any amount for any year, or part of year, and shall appear before the 
Board and establish by proper proof that he was wrongfully assessed, 
it is the duty of the Board to order such part of the amount of such 
payment as belonged to the county to be refunded to such taxpayer. 

It is the further duty of the Board to certify to the auditor of state 
the amount so proven as paid into the state treasury by the payment 
of such erroneous tax, when the auditor of state, shall audit, and the 
treasurer of state shall pay such claim out of any money not otherwise 
appropriated. 

An appeal may be taken from the action of the Board, by the tax- 
payer, on its rejection of the claim. 

(Acts 1 R. S. 1852, p. 224, Sec. 6083.) 

492. Board, when, may exempt i^ayment of poll tax. The Board may 
exempt from paying poll tax any person who, from any cause, it may 
deem unable to pay it. 

TELEPHONE COMPANIES. 

(Acts 1903, p. 204, Sec. 5796.) 

493. Requu*ements as to }>laciiig of poles — Board's jurisdiction. 

Under the act of 1903 granting privilege to telephone companies to 
erect and maintain their poles and wires upon and along the public 
highways, it is specially provided that nothing in the act shall be con- 
strued as depriving the Board of the power to require the relocation 
of any pole or appliances which may affect the proper use of any high- 
way for public travel, for drainage, or for the concurrent use of other 
telephone lines, and that the location and setting of said poles shall be 
under the supervision of the Board. 

(Acts 1911, p. 421, Sec. 7686.) 

494. Rights, privileges and proliibitions — ^Telephones and electric 
companies — Private telei)hone lines — Board's jurisdiction — Cutting 
trees. Corporations now formed for the purpose of constructing, oper- 
ating and maintaining telephone lines, telephone exchanges, or for 
the purpose of generating and distributing electricity for heat or power 
are authorized to set and maintain their poles, posts, wires and other 
appliances or fixtures on, along, under and across the public highways 
and waters, conditioned that no trees be cut along the highway without 
the consent of the property owners, and that no pole shall be located 
so as to interfere with the ingress to or egress from any premises, 
highway or waters. To private telephone lines are extended same 
rights and conditions. 



187 Board of County Commissioners. §495 

The Board has complete jurisdiction, and can require the removal 
of any pole or appliance that interferes with the highway for public 
travel, for drainage or for concurrent use of other telephone lines, 
or lines conducting electricity. 

The location and setting of the poles shall be under the supervision 
of the Board. 

TOLL — BRIDGES. 

(Acts 1861, p. 97, Sec. 6070.) 

495. Board may purchase any and all interest in. The Board, when- 
ever it deems it proper and for the public good, may purchase any toll 
bridge, or buy any private interest therein, and order the same to be 
paid from the county treasury. 

Note: This section should be construed in connection with 
the county council law. 

(Acts 1905, p. 521, Sec. 7690.) 

496. Additional law relative to i^urchase of by Board. Boards may 
purchase any toll bridge, or an interest therein, in the county; and 
when a franchise has expired or has been abandoned, or when the 
right to take toll has expired, it will be lawful for the Board to re- 
quire the bridge, and the approaches thereto, to be repaired; the Board 
having the same powers that are given by law for building and repair- 
ing bridges. 

(Acts 1911, p. 49, Sec. 7753n.) 

497. When and how Board may purchase. A new law was enacted 
by the legislature of 1911, which provides for the purchase of toll 
roads. The matter comes before the Board by a petition signed by a 
majority of the legal voters of the townships where the toil road is 
located. 

The act provides for an appraisal of the property by an engineer, 
a disinterested freeholder appointed by the Board together with a dis- 
interested freeholder selected by the toll road company. 

For any application of the law, reference should be had to the act. 

(Acts 1913, p. 647, Sec. 7753f.) 

498. 1913 Amendment relative to purchase. An amendment to the 
1911 act, arranges for an annual tax levy to pay off bonds and inter- 
est, and provides that the Board, when it is its judgment, the public 
interest will be subserved, may purchase such toll road when such 
purchase by the township would put it beyond the constitutional debt 
limit. 

TOWNS. 

(Acts 1905, p. 219, Sec. 8975.) 

499. How may be incorporated. Persons intending to make appli- 
cation to the Board for the incorporation of a town, shall cause an 
accurate survey and a map of the proposed town to be made. Such 
survey is required to be made by a practical surveyor, and shall show 
the courses and distances of the boundaries, thereof; the quantity of 



§500 Board of County Commissioners. 188 

land, and its accuracy to be verified by the affidavit of the surveyor 
endorsed thereon. 

(Acts 1913, p. 260, Sec. 8976.) 

500. Requirenient as to a census. Accompanying the application 
shall also be a census, to be verified by affidavit, taken thirty days prior 
to such application, exhibiting the name of the head of every resident 
family, and the number of persons belonging thereto, and the name 
of each resident owner of real estate. 

(Acts 1905, p. 219, Sec. 8977.) 

501. Requirenient as to newspaijer publication. Such survey, map 
and census, when completed and verified, shall be left at some con- 
venient place within the territory of the proposed incorporation, for 
the inspection of interested parties, for a period of twenty days prior 
to presentation to the Board. 

Notice of the intention to present such application and of the place 
where left for examination shall be given by not less than twenty days 
publication in some newspaper, if any there be, published within the 
territory, else by posting in three public places. 

(Acts 1913, p. 260, Sec. 8978.) 

502. 1913 Amendment relative to incorporation. The application 
for incorporation shall be by a petition signed by residents of such 
territory, subscribed by at least one-third of the whole number of 
qualified voters, as shown by said census; also by one-third of the whole 
number of resident owners of real estate as shown by the exhibit in 
such census. The petition shall set forth the boundaries, quality of 
land, with names of resident real estate owners therein, all verified by 
one or more of the petitioners. 

Petition, accompanied with the required documents, shall be filed 
with the auditor, on or before the fixed time, who shall present it to 
the Board for its prompt action. 

(Acts 1905, p. 219, Sec. 8979.) 

503. When Board shall order an election for incorporation. The 

Board in hearing such application shall require proof that the survey, 
map and census were subject to the public examination for the time 
required and that the notice of same was duly given. The Board being 
satisfied that the legal requirements have been complied with shall 
make an order declaring that such territory, with the assent of the 
qualified voters, shall be an incorporated town, provided that the name 
thereof shall differ from that of every other town in the state. 

The Board shall include in its order, a fixed date within thirty days 
for the qualified voters to meet at some convenient place therein, and 
determine the question of incorporation of such town. 

(Acts 1905, p. 219, Sec. 8980.) 

504. Auditor's duties. In pursuance to the order of the Board, the 
auditor is required to give a ten-day newspaper notice of such election, 



189 BoAED OF County Commissioners. §505a 

and the further notice by posting in ten public places within the pre- 
scribed territory, at least ten days prior to the election. 

(Acts 1913, p. 261, Sec. 8983.) 
505a. Action when election is favorable. The election being had, by 
ballots "yes" and "no"', the inspectors shall make return to the county 
auditor, to be laid before the Board at its next regular or adjourned 
session. 

The Board being satisfied that the election is legal and that a ma- 
jority of ballots are in favor of incorporation, it shall make an order 
declaring that the town has been incorporated by the name adopted. 

In the event it is found that a majority of the votes oppose the in- 
corporation, the Board shall so declare, when it shall not be lawful 
for the Board to order another election until after the expiration of 
two years. 

505b. An appeal can be made — Election expenses. An appeal to 
the circuit court may be taken from the action of the Board in declar- 
ing or refusing to declare its incorporation. In such case an appeal 
bond for the use and benefit of the Board is required. 

The expenses of the election follow the final action of the Board, to 
be paid by the petitioners if lost, or by the incorporated town when 
won. 

(Acts 1909, p. 449, Sec. 8899a.) 
506a. Procedure in annexation of contiguous teri'itory. When any 
town shall desire to annex contiguous unplatted territory, the trustees 
of such town shall present their verified petition, accompanied with map 
or plat with accurate descriptions, by metes and bounds, of the prop- 
erty sought to be attached. Publication in newspaper, if any in the 
town, of such intention, for thirty days, else by posting in five pubUc 
places, and copies of notice served on owners, if known, and residents 
of the county, is required. 

(Acts 1909, p. 449.) 
506b. Action of Board as to annexation of contiguous territory. 

The Board upon reception of the trustee's petition shall give it con- 
sideration, hearing the offered testimony for and against such annexa- 
tion, and after an inspection of the map, and testimony heard, and the 
Board finding that the prayer of the petition should be granted, shall 
cause an entry on its record, to such effect. Such entry shall be con- 
clusive evidence of such annexation. 

TOWNSHIPS. 

(Acts 1859, p. 220, Sec. 9559.) 
507a. Duties of Board in laying off — Change of boundaries. The 

Board may lay off and divide the county into any number of townships 
that the convenience of the citizens may require, accurately defining 
the boundaries thereof, and may, from time to time, make such altera- 
tions in the number, names and boundaries as they may deem proper. 
Note: See Sec. 450, this book. 



§507b Board of County Commissioners. 190 

(Acts 1S59, p. 220, Sec. 9560.) 
507b. Boundaries required to be recorded. The descriptions of the 
boundaries of such townsliips shall be entered at full length in the 
records of the Board, as also all alterations in such boundaries and all 
new and additional townships which may be formed. 

(Acts 1913, p. 651, Sec. 10254.) 

508. ToAvuships of 50,000 — Board to furnish rooTQ. In all civil 
townships having a population of more than 5 0,000 as shown by the 
last preceding U. S. census, the Board is required to furnish all neces- 
sary room or rooms for assessors in such townships. 

508a. TRANSFER OF PROPERTY BY CIVIL TOWNSHIPS. 

(Acts 1915, p. 135.) 
Any building or other property belonging to any civil township in 
this state may be conveyed to the corresponding school township in the 
manner prescribed in this act. In order to effect the transfer "or con- 
veyance of any building or other property from any civil township to 
the corresponding school township, a petition may be filed with the 
Board of Commissioners of the county in which such civil township is 
situated, asking for the conveyance or transfer of such building, or 
other property to be conveyed or transferred, and the reasons for de- 
siring to effect such conveyance or transfer. The petition shall be 
signed by a majority of the legal voters resident within such civil 
township and shall be filed in the office of the county auditor. At the 
time of filing such petition the petitioners shall give a bond with good 
and sufficient freehold sureties, payable to the state, to be approved by 
the Board of Commissioners, conditioned to pay all expenses in the 
event the Board of Commissioners shall fail to authorize the proposed 
conveyance or transfer. Immediately after such petition shall have 
been filed the county auditor shall give notice of the filing of such 
petition by causing publication; to be made once a week for two (2) 
consecutive weeks in one newspaper printed and published in the coun- 
ty and of general circulation in the county in which such civil township 
is situated. The Board of Commissioners shall hear the petition at 
their next regular term, and on the day designated in the notice and 
shall determine all matters pertaining thereto, and if such Board shall 
be satisfied as to the propriety of granting the prayer of the petitioners, 
they shall so find and thereupon the trustee of such civil township 
shall convey such building or other property belonging to such civil 
township to such corresponding school township and such school town- 
ship shall thereafter hold, control and manage such building or other 
property. All expenses incurred in the conveyance of such property, 
if such conveyance be authorized, shall be paid out of the general funds 
of such civil township. 

TOWNSHIP TRUSTEE. 

(Acts 1859, p. 220, Sec. 9566.) 

509. Ex-officio duties of. The township trustee is, by virtue of his 
office, inspector of elections, overseer of the poor, and fence-viewer in 
and for his township. 



191 BoAED OF County Commissioners. §510 

(Acts 1859, p. 220, Sec. 9569.) 

510. Vacancy in office when filled by Board — When by auditor. All 

vacancies in the office of township trustee shall be filled by the Board 
in term time, or by the county auditor in vacation; and every trustee 
thus appointed shall serve until his successor is elected and qualified. 

(Acts 1859, p. 220, Sec. 9582.) 

511. Trustee without power to change or vacate highways. The 

township trustee has no power to change, vacate or open any highway. 
This power is solely vested in the Board. 

Note: See note, Sec. 3 31, this book. 

TREASURER — COUNTY. 

(Acts 1865, p. 62, Sec. 9474.) 

512. Bond required, to acceptance of Board — Signed by liini and 
sui^eties in presence of Board. The county treasurer is required to file 
his official bond to the acceptance of the Board, in a penalty not less 
than double the amount of money which may come into his hands at 
any time during his term, by virtue of his office, with at least four free- 
hold sureties. The bond shall be signed and acknowledged by said 
treasurer and his sureties in the presence of the Board or a majority 
thereof. 

Note: Surety companies may execute such bonds. Sees. 
5728 and 5758 Burns R. 3. 

(Acts 1853, p. 136, Sec. 9482.) 

513. Must keep office in fire proof building — Board's duty. The 

county treasurer shall keep his office in a fire-proof building, where 
the same has been provided by the Board. 

(Section 94 8 3.) 

514. Penalty for keeping books and papers in other than fire^proof 
building. If county treasurer neglects to keep his office, or the book? 
and papers in any other than such fire-proof office, after completion of 
same, by the Board, upon conviction he shall be fined not to exceed 
$100. 

(Acts 1 R. S. 1852, p. 499, Sec. 9488.) 

515. When Board may remove from office — Suit for delinqueacj . 
Whenever suit shall have been commenced on the official bond of ai>y 
delinquent treasurer, he may be removed from his office by the Board. 

(Acts 1 R. S. 1852, p. 499, Sec. 9489.) 

516. Duty to make June settlement (See note, below). The treas- 
urer shall annually m.ake complete settlements with the Board at the 
regular June term thereof. 

Note: No doubt, the better practice is to follow the pro- 
visions of the later act of 18 99, Sec. 5 9 48 Burns R. S., which 
requires the annual settlement to be made at the January 
session of the Board. Sec. 470, this book. 



§517 Board of County Commissioners. 192 

(Acts 1911, p. 484, Sec. 10320a-b.) 

517. Temporary office in to\\Tis of 900 — Other than county seat. 

In counties which contain towns or cities, other than county seats, hav- 
ing a population of more than 900 inhabitants by the last federal cen- 
sus, the Board may authorize its county treasurer to open a temporary 
office for the collection of state and county taxes in each of such towns 
or cities. Sec, 2 of the act limits the additional compensation to the 
treasurer to $300, to be fixed by the Board. 

(Acts 1899, p. 343, Sec. 5947.) 

518. 1913 laAv requiring monthly reports of receipts and disburse- 
ments. The treasurer shall keep an account of all money received by 
him for taxes collected pursuant to the rate fixed by the council, as 
required in this act, and as required by law, and on the first day of 
each month shall certify to the auditor the gross amount collected by 
him for the preceding month and the portion of said amount so col- 
lected that is county funds shall be available for the use of the county, 
and may be drawn upon for the purpose of paying any item of appro- 
priation for such year or any part thereof. 

Note: The act of 1913, at page 631, reads: "Such county 
treasurer shall, at the close of each month, report the total 
amount of cash payments received by him during the month 
and the respective accounts on which the same was paid, to 
the county auditor, -who shall preserve such report." See 
Sec. 10352 Burns R. S. 

TRESPASS. 

(Acts 1905, p. 584, Sec. 2308.) 

519. Penalty for trespass on county property. Whoever cuts down, 
destroys by girdling or otherwise injures any standing tree, growing 
vine, bush, shrub or sapling on the land of any other person, or of any 
county, without license so to do from competent authority, is guilty of 
trespass, and on conviction shall be fined five times the value of the 
property, to which may be added imprisonment, not exceeding twelve 
months in jail. 

TUNNELS. 

(Acts 1911, p. 624, Sec. 7692a-b-c.) 

520. When Board may construct tunnel instead of a bridge. When 
it is deemed necessary by the Board to bridge any highway or public 
street across any navigable water, the Board may, if it deems best, 
construct a tunnel at such place underneath such navigable water, in 
lieu of a bridge. 

Its construction shall be done under the laws governing the con- 
struction of bridges by Boards of Commissioners. 

UNEXPENDED FUNDS, REVERSION. 

(Acts 1899, p. 343, Sec. 5941.) 

521. Reversion of, to general fund at end of calendar year — Excep- 
tion as to pending suits. When any item of appropriation shall remain 



193 Board of County Commissioners. §522 

unexpended at the .end of the calendar year for which the same was 
appropriated the amount thereof shall immediately revert to the gen- 
eral fund of the county, and no warrant shall be drawn on such ap- 
propriation after the end of such year: Provided, That in any and all 
cases where any appropriation is not used and expended during such 
year because of any suit that may be instituted to restrain or enjoin 
the expenditure of any money so appropriated (then such appropria- 
tion) shall not revert to the general fund of the county until one year 
after the termination of such suit, if such suit shall terminate against 
the party or parties instituting the same. 

VACANCY IN OFFICE. 

(Acts 1 R. S. 1852, p. 512, Sec. 9153.) 

522. How to be iilled by the Board. The Board shall fill all va- 
cancies in county or township offices, except such vacancies as are 
otherwise provided for; such appointment to expire when a successor is 
elected and qualified, and who shall be elected at the next general 
or township election. 

VOIiUNTARY SERVICES. 

(Acts 1899, p. 343, Sec. 5950.) 

523. Board prohibited from making allowances for — Other prohi- 
bitions. A Board has no power, whatever, to make an allowance out 
of the county treasury for a voluntary service or for things voluntarily 
furnished. Neither has the Board the power to pay money out of 
the treasury for the relief or support of any pauper or poor person if 
such party is not an inmate of some county institution. 

The Board has no power to contract for the service of any physi- 
cian for attendance on the poor other than inmates of county insti- 
tutions. The Board cannot pay per diem, or other compensation to a 
justice of the peace, for making returns to the auditor; or pay for 
dockets or other supplies for such officials. 

Note: The old statute, giving mileage to the justice for 
making return of fines, was recopied in the justice fees sec- 
tion in 1913. See Sec. 1865 Burns R. S., Sec. 708, "Fees and 
Salaries", 1913. 

WARRANTS. 

(Acts 1879, p. 30, Sec. 6097.) 

524. Funds to pay, otherwise can not be issued— Penalty to auditor 
and treasurer for violation. No warrant or order shall be drawn on 
the treasurer if at the time there is no money in the treasury; and to 
that end, it shall be the duty of the treasurer to notify the auditor and 
the Board of such condition. Failure to do this on the part of the 
treasurer makes him liable, on his official bond to the amount of any 
orders issued, together, with the interest on them. 

If any auditor knowinglj- issues a warrant on the treasurer when 
the treasury is without money the same liability and penalty obtains 
to him. 

13—4842 



§525 Board of County Commissioners. 194 

WEIGHTS AND MEASURES. 

(Acts 1911, p. 635, Sec. 10525c.) 

525. When Board "shall" and "may" appoint sealer — Duties of 
sealer. By an act of 1911, the Board of any county might, at its 
discretion, appoint a sealer of weights and measures. This statute by 
the act of 1913, at page 423, was amended to read that the Boards of 
counties with 50,000 or more population, "shall", and Boards of coun- 
ties of less than 50,000 population "may", appoint a county inspector 
of weights and measures who shall serve during the pleasure of such 
Board, his compensation to be determined by the Board. A bond for 
the faithful performance of duties shall be given by such inspector to 
the approval of the appointing power. 

The statute provides, however, that in counties of 50,000 or more 
population, it is not obligatory upon the Board to appoint an inspector, 
provided such county contains a city or cities of the first, second, third 
or fourth class, in which an inspector has been appointed. In case 
the Board does appoint an inspector in such county, the county inspector 
shall have jurisdction of the county outside of such city or cities, and 
the city inspectors shall have jurisdiction of their respective cities. 

In counties where inspectors are appointed the Boards are required 
to provide the necessary apparatus and supplies for the office, and coun- 
cils are required to appropriate the necessary money therefor. 

Such county inspector is required to make an annual report to the 
Board not later than December 1st, of all work done by him for the 
year. 

WORK HOUSE. 
(Acts 1905, p. 383, Sec. 8886.) 

526. When county jail may be used as such. Under the act of 1905, 
p. 383, any town or city shall have power to erect a prison or work 
house within its corporate limits and to imprison therein malefactors 
of municipal or state laws. 

Until such town or city has erected such prison or work house, in 
all cases the county jail or work house may be used for such purposes. 

The courts hold that a city, and not the county, is liable for the 
expense of keeping prisoners of the city in a county jail. 

(Acts 1879, S. p. 247, Sec. 10025.) 
527a. Board may use property or purchase. The Board has the 
power, at its discretion, and when deemed advisable, to use property 
then owned, or may provide a tract of land, for the county, and thereon 
establish and maintain a work house^ — the expense to be paid out of. the 
general fund of the county. 

(Acts 1879, S. p. 247, Sec. 10026.) 
527b, When established, Board to appoint superintendent. When 
such work house has been established by the Board, it shall empl-jy 
some proper person to be called the "superintendent of the county work 
house," to take charge of same, under such rules and restrictions as 
from time to time may be adopted by the Board. 



195 Board of County Commissioners. §527c 

It is provided that in case the work house is established on the 
county farm, the superintendent of the county asylum may be re- 
quired to take charge and control of the work house, 

(Acts 1879, S. p. 247, Sec. 10027.) 
527c. Who may be transferred to. When such work house is ready 
for occupancy, the Board shall give notice, by an order made of rec- 
ord, to any court, judge, mayor, magistrate, justice of the peace, or 
other officer, of such fact, who may sentence any one to the county 
work house instead of the county jail. 

(Acts 1S79, S. p. 247, Sec. 10028.) 
527d. Transfers to work house — Penalties. Whenever any person 
shall have been sentenced to imprisonment in the county jail, during 
any time of his imprisonment he may be transferred to the county 
work house, under such orders, rules and regulations adopted, from 
time to time, by the Board. 

The sheriff, jailer or custodian of such prisoner shall obey such 
orders, rules and regulations, and his neglect or refusal is punishable 
by a fine of not over $50, to which may be added imprisonment in 
the work house for sixty days. 

(Acts 1879, S. p. 247, Sec. 10029.) 
527e. Work which may be required of ijrisoner. All prisoners, and 
others held in the work house, as far as is consistent with age, sex and 
ability, shall be kept at hard labor, in such manner, as deemed by the 
Board most advantageous to the county. This labor may be performed 
in or about the work house, upon any public wharf, street, alley, high- 
way or thoroughfare within the county, or upon any other work or pub- 
lic improvement deemed by the Board for the welfare of the county. 

Such work shall be done under direction of the superintendent, and 
for such purposes the Board may meet at any time and make proper 
orders, which shall be made a matter of record. 

(Acts 1879, S. p. 247, Sec. 10030.) 
527f . Board may contract labor of prisoner to city. Boards are 
authorized to make contract and agreements, with any town or city in 
such county, for committing to such work house, persons sentenced to 
pay or replevin any fine, forfeiture and costs, under any ordinance or 
law of such town or city, such prisoners, at all times, to be subject 
to the rules and regulations adopted for the conduct and management 
of the work house. 

(Acts 1879, S. p. 247, Sec. 10031.) ; 

527g. Duty of superintendent — Quarterly reports — Auditor's duty. 

The superintendent of the work house is required to quarterly make 
and file a detailed report, in w^riting, to the Board, showing the 
total receipts and expenses for the preceding quarter. All receipts 
of the superintendent shall be paid to the county treasurer on account 
of the general county fund, and all expenses paid out on the order 



§527h Board of County Commissioners. 196 

of the Board. A separate account shall be kept by the auditor and 
treasurer to be known as the "county work house account." 

(Acts 1879, S. p. 247, Sec. 10032.) 
527h. Grand jury's investigation and report- — Board's duties as to 
report. The grand jury shall make a personal inspection of such work 
house, during the time of its sitting, being given full powers to make a 
complete investigation of its condition and affairs, and shall file a 
duplicate of such report with the Board. 

The Board shall consider all its complaints and recommendations, 
and obey the same, else place on record its reasons for not complying. 

(Acts 1909, p. 397, Sec. 9812a.) 
527i. In re state board of charities. The jurisdiction which is given 
to the state board of charities in the matter of management and super- 
vision of county jails, under act of 1909, p. 397, does not make any 
mention of the county w^ork house. 

(Acts 1879, S. p. 247, Sec. 10033.) 
527 j. Right of Board to visit. The members of the Board, and any 
officer having the right to commit prisoners to the work house, may 
visit the same at any time for the purpose of determining whether or 
not the rules and regulations for its management and prisoners are 
enforced. 

(Acts 1879, S. p. 247, Sec. 10034.) 
527k. Superintendent's bond— Enforcement of discipline — County 
physician's duty. The superintendent shall give bond for the faithful 
performance of his duties, to the approval of the Board. 

The county physician shall visit the county work house when re- 
quired by the superintendent. 

The superintendent, and his deputies, in charge of the prisoners, 
shall have the right to enforce discipline and the obedience of all 
orders, rules and regulations made for their government. 

(Acts 1879, 3. p. 247, Sec. 10035.) 
5271. Board may contract with city, in writing for county's able- 
bodied prisoners. In case there is a city or town in the county that 
maintains a work house, it shall be lawful for the Board to provide, by 
written contract, for the custody and maintenance of any or all able- 
bodied persons sentenced to confinement in the county jail, and to 
provide for their removal and confinement in the work house. 

HIGHWAY CROSSINGS — SEPARATION OF GRADES. 

(Acts 1915, p. 148, amending Sec. 5556d.) 
528. Highway Crossings — Separation of gi'ades. The grade cross- 
ings act of 1913 gives the public service commission general supervi- 
sion over the crossings of highways and railroads. Section 4 of the 
act, as amended in 1915, empowers the commission to order the separa- 
tion of the grades of any such crossings except crossings in cities of 
more than 20,000 population, upon a hearing after notice to the steam 



197 Board of County Commissioners. §529 

or interurban railroad and to the Board of the county in which such 
crossing is located. The county is required to pay one-fourth of the 
cost of separating the grade, and the railroad three-fourths of the cost 
thereof when the work is ordered done. 

CONTAGIOUS DISEASES AMONG DOMESTIC ANIMALS. 

(Acts 1915, p. 566.) 
529. County Coinmissioners — Appoint County Veterinarian. The 

Board of County Commissioners of each county may at their option 
annually appoint for a designated period a county veterinarian whose 
duty it shall be to assist the state veterinarian in the suppression and 
extirpation of foot and mouth disease, glanders and other communica- 
ble and contagious diseases, except hog cholera, and in preventing the 
spread of such diseases, and in case a vacancy should occur from any 
cause said county commissioners shall immediately fill the vacancy. 
Said county veterinarian shall be a graduate of a veterinary college 
whose graduates are eligible for the position of veterinary inspector 
and quarantine officer in the United States department of agriculture 
and licensed to practice veterinary medicine in the county where he 
resides. Said county veterinarian shall report all outbreaks of such 
diseases to the state veterinarian, and when requested by the state 
veterinarian shall investigate any outbreaks of such disease that may 
occur within the county where he received the appointment of county 
veterinarian, and quarantine and disinfect, under the direction of the 
state veterinarian, the premises on which any outbreaks of such dis- 
ease may occur. The salary of said county veterinarians shall be five 
dollars ($5.00) for each day actually engaged in the investigation, 
suppression and control of outbreaks of such diseases and all necessary 
expenses incurred in the performance of such duties, and for the pur- 
pose of paying the salary of said county veterinarian and defraying the 
expenses that he may incur in the performance of his duties, said county 
veterinarian is hereby authorized to file monthly with the county audi- 
tor a sworn statement of the number of days engaged in the investiga- 
tion, suppression and control of outbreaks of such diseases, and re- 
ceipted bills for such necessary expenses including traveling expenses 
and hotel bills incurred in the performance of such duties, and the 
county auditor shall after such claims have been filed and approved by 
the county commissioners draw a warrant or warrants on the county 
treasurer who shall pay same. If at any time the county veterinarian 
does not efficiently, honestly and faithfully perform his duties he shall 
be removed from office on the recommendation of the state veterinarian, 
by the Board of County Commissioners. And it shall be the duty of 
sheriffs, constables, prosecuting attorneys and their deputies within 
their respective jurisdictions to assist the state veterinarian and the 
county veterinarians in the enforcement of the rules and regulations 
established by said state veterinarian and in the prosecution of any 
violation thereof: Provided, That the Board of County Commission- 
ers shall not appoint a county veterinarian until the county council of 
such county has made an appropriation at any regular or called meet- 
ing sufficient to pay the salary and expenses of such veterinarian. 



§530 Board of County Commissioners. 198 

LEGISLATIVE APPORTIONMENT, 1915. 

(Acts 1915, p. 656.) 

530. Counties divided into districts. Every county having three ( 3 ) 
or more full representatives under the provisions of this act shall be 
divided into representative districts equal to the number of representa- 
tives to be elected from such county. The Boards of County Commis- 
sioners of such counties shall on or before June 1, 1915, divide their 
respective counties into representative districts, giving to each district 
as nearly as may be, an equal number of electors. The territory in- 
cluded in any district shall be contiguous. For the purpose of deter- 
mining the number of electors, the Boards shall cause an enumeration 
of electors in their counties or they may use the enumeration made by 
the township trustees if the same shall be adequate to determine the 
number of electors for each district. If the Board of County Commis- 
sioners of any county shall fail or refuse to divide such county, on or 
before June 1, 1915, into representative districts, the representatives 
from such county shall be elected by the whole county. Any county 
divided into representative districts under the provisions of this act, 
sliall not be changed during the time this act shall be in force. The 
Boards of County Commissioners are authorized to incur any expendi- 
tures in connection with the taking of the enumeration of electors 
which shall be paid without an appropriation by the county council. 

Note: The above act applies only to the counties of Vander- 
burgh (3), Marion (10), Vigo (3), Allen (3), St. Joseph (3), 
and Lake (4). 

TOLEDO-CHICAGO AVATERWAY. 

(Acts 1915, p. 301.) 

531. Commissioners convey right of way. The Toledo-Chicago water- 
way act of 1915 provides that whenever the federal government shall 
have located such water-way across any county, as evidenced by the 
jfiling of a map thereof, in the auditor's office of said county, containing 
a description of the lands necessary for the purpose of the water-way, 
and in addition thereto, it shall be shown to the Board that the federal 
congress has appropriated money for the construction of such water- 
way, it shall be the duty of the Board of such county to pass a resolu- 
tion declaring the property described in such map to be necessary for 
the use and purposes of such water-way and that the same be appropri- 
ated for such use and purpose. 

The Board shall then forthwith proceed to acquire title to such 
property, by donation, purchase or condemnation. 

The Board is given the same power of condemnation for that pur- 
pose as the Board now has to acquire real estate for county purposes. 

The county council of such county is required to make the necessary 
appropriation to acquire such land, and to levy taxes upon all taxable 
property of the county to pay therefor. 

When such land shall be acquired by the county, the Board shall 
execute conveyance thereof to the U. S. A. 



199 Board of County Commissioners. §532a 

DITCHES AND DRAINS— REPAIRS — ^'COUNTY" ACT. 

(Acts 1915, p. 417.) 
532a. Drainage — Maintenance^ — Supervision of County Commission- 
ers. The cleaning, repair, betterment, improvement and general super- 
intendence of all ditches and drains contemplated in this act, shall, 
except as hereinafter otherwise provided, be under the exclusive charge 
and supervision of the Board of Commissioners of the county in which 
such ditches or drains or any part or parts thereof are located. Under 
the conditions prescribed in this act, such Board of Commissioners 
shall be authorized and required to perform the following duties: 

1. To see that all such ditches and drains are cleaned out and kept 
open and in proper repair and free from obstruction, in conformity 
with the original specifications thereof, and in such manner that they 
may fully and completely discharge the functions for which they were 
designed and intended. 

2. To authorize the improvement or betterment of any such ditch 
or drain in excess of the original specifications. 

3. To authorize the levy of assessments for the creation of an 
emergency fund to effect repairs progressively in any ditch or drain as 
the necessity may arise. 

4. To have and exercise general superintendence over such ditches 
or drains when the work of cleaning, repairing, improving or bettering 
shall have been completed and accepted, and to authorize and super- 
vise the levy and expenditure of such assessments as may be needful to 
keep such ditches or drains in a reasonable state of preservation and 
repair. 

5. To appoint resident agents or overseers from among the land- 
owners assessed for repairs or betterments of any ditch or drain who, 
subject to the direction of the Board of Commissioners, shall have im- 
mediate oversight of such ditches or drains. 

532b. Filing of petition. Whenever the requisite number of resi- 
dent owners of lands and other property or the resident owners of the 
requisite area in acreage of the lands and other property originally 
assessed for the construction of any ditch or drain contemplated in this 
act shall desire to provide for the cleaning, repair and maintenance or 
the betterment and maintenance of such ditch or drain, they may, in 
conformity with the provisions of this act, file a verified petition with 
the Board of Commissioners of the county in which such ditch or drain 
is located; or if such ditch or drain be located in two or more counties, 
then with the Board of Commissioners of the county in which are situ- 
ated more lands and other property originally assessed for the con- 
struction of such ditch or drain than in any other county, asking that 
such ditch or drain be repaired and cleaned out in such manner that it 
will conform to the original specifications thereof, and be thereafter 
maintained, or that certain specified improvements and betterments be 
authorized and that when such improvements and betterments are per- 
fected and consummated, that such ditch or drain be thereafter main- 
tained, or that an emergency fund be created by the levy of special as- 
sessments on the lands and other property originally assessed for the 



§532c Board of County Commissioners. 200 

construction of such ditch or drain, or found on subsequent inspection 
to be affected, and that tliereafter repairs and improvement be made 
progressively from time to time as the necessity may arise, as provided 
in this act. The petition shall be filed in the office of the auditor of 
such county: Provided, That in all cases where it is desired to clean, 
repair, improve or better a dredge ditch the landowners affected shall 
have the right to elect, whether the petition be filed with the Board of 
Commissioners or with the circuit or superior court, and if the petition 
is filed with the circuit or superior court, the clerk of such court shall 
exercise all duties by this act conferred upon the county auditor and in 
other respects the procedure shall be as prescribed in this act. 

532c. Contents of petition. The petition asking that any ditch or 
drain be cleaned out and repaired in such manner as to conform to its 
original specifications, or that certain specified improvements and bet- 
terments be authorized in excess of the original specifications, shall 
state: 

1. The name, general location, route, length and approximate di- 
mension or capacity of such ditch or drain, and whether it is a tile or 
open drain, and if an open drain whether originally constructed by 
means of a dredge machine or otherwise. 

2. The date on which the original construction work, or in case 
such ditch or drain shall have been newly constructed or reconstructed, 
the date on which the last preceding construction work, on such ditch 
or drain, was completed, approved and accepted, and the nature and 
purpose of any such construction work. 

3. If such ditch or drain has ever been cleaned out or repaired or 
if any improvements or betterments have ever been made or effected 
thereon or thereto, the date on which the work of cleaning and repair- 
ing or making or effecting such improvements and betterments the time 
last preceding was completed, approved and accepted, and the general 
nature and extent of any such improvements and betterments. 

4. The names of the owners of the lands and other property which 
were originally assessed for the construction of such ditch or drain, 
together with a description of the lands and other property owned by 
each, if known, and if the name or names of any owner or owners of 
any lands or other property originally assessed for the construction of 
the ditch is unknown and cannot be ascertained upon diligent inquiry 
that fact shall be stated in the petition. It shall be sufficient to de- 
scribe such lands or other property as belonging to the person or per- 
sons who appears to be the owner by the last tax duplicate or record of 
transfers kept by the auditor of the county in which such lands or 
other property are situated. 

5. That if the ditch or drain, to be cleaned out and repaired in 
such manner as to conform to its original specifications, or if the im- 
provements and betterments contemplated and specified in the petition 
are made or elfected, such ditch or drain will be fully adequate to suc- 
cessfully and satisfactorily drain and reclaim the lands and other 
property originally assessed for its construction. 

6. That the costs, damages and expenses of the proposed work of 
cleaning and repairing or of improving and bettering such ditch or 



201 Board of County Commissioners. §532c 

drain will be less than the benefits which will result to the owners of 
the lands likely to be affected thereby. 

7. The approximate aggregate cost of cleaning and repairing or of 
improving and bettering such ditch or drain. 

8. A general statement of the manner in which such cleaning and 
repair work, and a detailed statement of the nature, character and 
extent of such improvements and betterments, and in either case a 
statement as to the method by which it is believed such work can be 
accomplished in the cheapest and best manner; and in case of cleaning 
and repair work, whether it is proposed to do the work by means of a 
dredge machine or otherwise. 

9. The petition shall further contain a statement to the effect that 
the owners of lands and other property originally assessed for the con- 
struction of such ditch or drain and whose names are subscribed to 
such petition are willing to and do obligate themselves to pay the tax 
or taxes which may be assessed against their respective lands or other 
property to pay the expenses of cleaning out such ditch or drain or 
making the repairs which may be necessary to restore such ditch or 
drain to its original condition and make it conform to the original 
specifications, or of making and effecting such improvements and better- 
ments as are specified and prayed for in the petition. 

10. The petition shall likewise state whether or not the petitioners 
desire to provide for the creation and progressive replenishment of an 
emergency fund to be used in making temporary and provisional re- 
pairs on such ditch or drain after it shall have been cleaned, repaired, 
improved or bettered, and to insure the perpetual maintenance of such 
ditch or drain under the general superintendence of the Board of Com- 
missioners, as provided in this act. 

If the petition asks for the cleaning and repair of any ditch or 
drain, it shall, in addition to the foregoing, make the following state^ 
ments : 

1. That by reason of the accumulation of earth, sand, gravel, 
debris and other material therein, and the presence therein and en- 
croachment thereon of natural growths, such ditch or drain no longer 
adequately performs the functions for which it was designed and in- 
tended. 

2. That the public health is needlessly imperiled by circumstances 
induced and directly traceable to the condition of such ditch or drain, 

3. That the safety and preservation of one or more highways of 
the county or counties or one or more streets of or within the corporate 
limits of a city or town M'ill be secured by cleaning out and repairing 
such ditch or drain. 

If the petition asks for the improvement or betterment of any ditch 
or drain, it shall in addition to the foregoing, make the following 
statements: 

1. That the ditch or drain as originally constructed does not suc- 
cessfully and satisfactorily discharge the functions for which it was 
designed and intended and that in order to secure adequate drainage 
and protection of the lands and other property assessed for its con- 
struction it will be necessary to enlarge, deepen, widen, straighten or 



§532d Board of County Commissioners. 202 

extend such ditch or drain; or that in order to preserve works already 
constructed it will be necessary to build, install, enlarge or repair sand- 
traps, fences, revetments, flood-gates or any other timber, concrete, or 
metal or masonry work; or that the value of the agricultural lands, 
roads, streets and other property will be enhanced and the convenience 
of the owners thereof subserved by the tiling of an existing open drain; 
or by changing an existing tile drain into an open drain by removing 
the tile and making the necessary excavations; or by increasing the 
capacity of a tile drain by removing the old tile and installing larger tile 
or sewer pipe; or by installing additional or supplementary lines of 
tile; or any of the methods, hereinbefore enumerated, combined, which 
may seem necessary and practicable to faciliate [facilitate] the drain- 
age of the lands and other property affected thereby. 

532d. Notice of filing by publication. If the petition asks for the 
cleaning and repair of any ditch or drain and is signed by at least one- 
tenth (1/10) but less than one-fourth (1/4) of the resident owners of 
lands and other property, or by the resident owners of at least one- 
tenth (1/10) but less than one-fourth (1/4) of the area in acreage of 
the lands and other property originally assessed for the construction of 
the ditch or drain; or if the petition asks for the making of certain 
specified improvements and betterments, and is signed by a majority of 
the resident owners of the lands and other property, or by the resident 
owners of a major portion of the area in acreage of the lands and other 
property originally assessed for the construction of the ditch or drain, 
then the county auditor in whose office the petition has been filed, shall 
immediately give notice of the filing of the petition by causing publica- 
tion to be made once a week for three (3) consecutive weeks in some 
newspaper printed and published and of general circulation in each 
county in which are situated lands and other property originally as- 
sessed for the construction of the ditch or drain, and the office, plant or 
establishment, of which newspaper is located nearest to the ditch or 
drain. The last insertion of the notice shall be made at least fifteen 
(15) days prior to the first day of the next regular session of the Board 
of Commissioners, at which the petition is to be heard and considered. 
The notice as published shall be in substantially the following form, 
and it shall be deemed sufficient for all purposes of this act: 

Notice of petition to clean out and repair (or to better and im- 
prove) the ditch, situated in . . . . , township 

(or townships), county (or counties), Indiana. 

Notice is hereby given to all persons whose lands or other property 

were originally assessed for the construction of the 

ditch, situated in township (or townships) , 

county (or counties), Indiana, that a petition was filed in this office on 

the day of 19 ... , signed by the requisite 

number of interested landowners (or by the interested owners of the 
requisite amount of land in acreage), as prescribed by section four (4) 

of an act of the general assembly entitled , approved 

1915, asking that the ditch be cleaned 

out and repaired in such manner as to conform to its original specifica- 



203 Board of County Commissioners. §532e 

tions, (or be bettered and improved in the following manner [here 
specify the improvements or betterments] ) and that the lands and 

other property originally assessed for the construction of the 

ditch will be affected by the contemplated repairs (or improvements or 
betterments) and rendered liable to taxation for the purpose of paying 
the costs and expenses of making such repairs and effecting such clean 
out which may be found necessary to restore such ditch to its original 
specifications (or the improvements or betterments, specified elsewhere 
in this notice) , and you and each of you are hereby notified to appear at 
the next regular session of the Board of Commissioners, to be held on 

the day of , 1 9 . . . , at , in 

county, and show cause, if any there be, why the 

ditch should not be cleaned out and repaired as asked for in the peti- 
tion (or why the improvements and betterments specified elsewhere in 
this notice should not be made). 



County auditor of , county, Indiana. 

The certificate of the auditor of the county, or the affidavit of any 
other creditable person, affixed to a copy of the notice, shall be sufficient 
evidence of the publication of the notice. It shall not invalidate such 
notice if no description of ditches or drains is given therein. The 
Board of Commissioners of any county shall have no authority to 
receive or consider any petition asking for the improvement or better- 
ment of any ditch or drain unless signed as prescribed in this section; 
nor shall any such Board of Commissioners have any authority to re- 
ceive or consider any petition asking for the cleaning or repair of any 
ditch or drain unless signed as prescribed in this section or in section 
eight ( 8 ) of this act. 

532e. Jui'isdiction over lands. When it appears to the Board of 
Commissioners that notice has been given of the filing of the petition by 
the publication of notices, as provided in section four (4) of this act, 
the Board of Commissioners shall order the same placed on the book in 
which all matters properly cognizable before the Board of Commission- 
ers are recorded, as an action pending therein. The Board of Commis- 
sioners before whom the action is pending shall thereafter have and 
maintain exclusive jurisdiction over all lands and other property, with- 
out regard to county lines, originally assessed for the construction of 
such ditch or drain, v/ith power to fix a lien on such lands and other 
property and for all other purposes of this act. 

532f. Time for hearing. The Board of Commissioners with whom 
the petition shall have been filed shall hear the petition at the regular 
session of such Board of Commissioners and on the day designated in 
the notices, and shall determine all matters pertaining thereto, and all 
matters involved in any subsequent proceedings arising under this act, 
and may adjourn the hearing from time to time, or continue the case 
for want of sufficient notice, or other good cause. It shall be the duty 
of such Board of Commissioners to hear and determine whether or not 
the petition contains the signatures of the requisite number of the resi- 
dent owners of lands and other property or the signatures of the resi- 



§532g BoAKD OF County Commissioners. 204 

dent owners of the requisite area in acreage of the lands and other 
property originally assessed for the construction of the ditch or drain, 
and the affidavit of any three ( 3 ) or more of the petitioners, that they 
have examined the petition, and are acquainted with the locality of the 
ditch or drain, and that the petition is signed by the requisite number 
of the resident owners of the lands and other property or by the resi- 
dent owners of the requisite area in acreage of the lands and other 
property originally assessed for the construction of the ditch or drain, 
may be taken by the Board of Commissioners as prima facie evidence of 
the facts stated therein; or the oath or affirmation before such Board 
of Commissioners, or the affidavit of any person, properly taken and 
certified by any person or court authorized to administer oaths, in this 
state, shall be sufficient evidence to the Board of Commissioners of 
such facts. If it appears to the Board of Commissioners that the 
petition has not been signed as hereinbefore required, the proceed- 
ings shall be dismissed at the cost of the petitioners; but if it appears 
to the Board of Commissioners that the petition has been signed as 
hereinbefore required, the Board of Commissioners shall so find, and 
such finding shall be conclusive upon the owners of the lands and other 
property contemplated in the petition that they have assented to and 
accepted the provisions of this act. The petition may be amended as 
any other plep^ding. No petitioner shall have the right to withdraw 
from the petition, except by the consent of the majority of the other 
petitioners thereon, or when it shall be shown to the satisfaction of the 
Board of Commissioners that the signature of the petitioner was 
obtained by fraud or misrepresentation. All deeds made for the pur- 
pose of establishing or defeating the prayer of petition, not made in 
good faith and for a valuable consideration, shall be taken and held to 
be in fraud of the provisions of this act, and the holders thereof shall 
not be considered owners. 

532g:. Filing of objections. Any owner of lands or other property, 
originally assessed for the construction of such ditch or drain, who may 
not have signed the petition, and who desires to object to the proposed 
clean out and repair of such ditch or drain, or to the improvements and 
betterments contemplated and specified in the petition, may do so by 
filing his verified objection or objections in writing, stating why such 
ditch or drain should not be cleaned out and repaired, or why such im- 
provements and betterments should not be made. All such objections 
shall be filed with the county auditor at least three (3) days before the 
day set for the hearing of such cause. Such objection or objections 
shall be limited to a denial of the statements set forth in the petition, 
except that any interested owner of lands or other property, exercising 
his right to object to the contemplated cleaning and repair of any such 
ditch or drain, may allege that the ditch or drain if repaired and 
cleaned out in such manner as to conform to its original specification 
will not be fully adequate to successfully and satisfactorily drain and 
reclaim the lands and other property originally assessed for its con- 
struction, and that the best interests of the owners of land and other 
property and the general public will not be conserved, and that it will 
be the policy of wisdom and economy to deny the prayer of the peti- 



205 BoAED OF County Commissioners. §532h 

tioners, in order that, witliout incurring needless expense, steps may be 
taken to provide means for more adequate drainage than is afforded by 
the ditch or drain contemplated in the petition. All such objections 
shall be heard by the Board of Commissioners in a summary manner 
and without unnecessary delay. 

1. In the event that any or all of such objections are sustained, the 
Board of Commissioners shall dismiss the proceedings and adjudge the 
costs against the petitioners in proportion to the number of acres of 
land or other property owned by each petitioner at the time of filing of 
the petition, and which lands, or other property were originally as- 
sessed for the construction of the ditch or drain. 

2. In the event that all such objections are overruled, or if no 
objections are filed, the Board of Commissioners shall grant the prayer 
of the petitioners and order the repair and cleaning, or the betterment 
and improvement, as the case may be, of the ditch or drain, and shall 
immediately refer the matter to the county surveyor, and such survey- 
or shall thereupon proceed as hereinafter prescribed. 

532h. Mandatory powers. If the petition asks for the cleaning and 
repair of any ditch or drain and is signed by at least one-fourth (1/4) 
of the resident owners of the lands and other property, or by the 
resident owners of at least one-fourth (1/4) of the area in acreage of 
the lands and other property Originally assessed for the construction of 
the ditch or drain, the Board of Commissioners shall grant the prayer 
of the petitioners, as a matter of course, and refer the matter imme- 
diately to the county surveyor of the county in which the original 
proceedings for construction were had, and such surveyor shall proceed 
as hereinafter required. 

532i. Appointnieiit of engineer. In case the county surveyor shall 
not be a civil engineer or is incompetent, or is not entirely distinter- 
ested, the Board of Commissioners shall appoint a disinterested and 
competent engineer who shall make the necessary surveys and discharge 
all the duties which would otherwise have been discharged by the coun- 
ty surveyor. Such engineer so appointed shall, before entering upon 
the discharge of his duties, take and subscribe an oath which shall be 
deposited with and preserved by the county auditor, and he shall give 
a bond with adequate sureties, to be approved by the Board of Com- 
missioners, conditioned that he will faithfully, honestly and impartially 
discharge his duties to the best of his skill and ability. 

532j. Estimates by surveyor. As soon as practicable after any peti- 
tion and the finding of the Board of Commissioners thereon shall have 
been referred to the county surveyor, it shall be the duty of such sur- 
veyor to proceed to view and examine such ditch or drain, and the lands 
and other property originally assessed for its construction, as well as 
any and all other lands and property not originally assessed for con- 
struction which may be affected by the proposed repairs or improve- 
ments. He shall make all necessary surveys, ascertain the grade line 
of such ditch or drain, or proposed ditch or drain, fix and establish 
grade stakes, divide the ditch or drain or the proposed ditch or drain 
into sections of not to exceed one hundred (100) feet in length, deter- 



§532k Board of County Commissioners. 206 

mine the number of cubic yards of earth in each section which it will 
be necessary to remove in order to restore such ditch or drain to its 
original condition and in conformity with the original specifications, or 
to make and perfect the necessary improvements and betterments. He 
shall also estimate the total cost of excavation and the average cost per 
cubic yard for the excavation of the whole or any part of such ditch or 
drain. If the whole or any part of such ditch or drain is tiled, such sur- 
veyor shall determine the character and cost of the work, including all 
necessary excavation, and the number, character and size of the tile 
necessary to restore such drain to its original condition or to consum- 
mate the necessary improvement or betterments. He shall also esti- 
mate the cost, character and extent of the work necessary to remove all 
trees and other natural growths found upon the banks of such ditch or 
drain or proposed ditch or drain or contiguous thereto; likewise the 
cost, character and location of all sand-traps, fences, revetments, flood- 
gates or other timber, concrete or masonry work, or any improvement, 
enlargement, relocation, replacement or discontinuance thereof. If the 
ditch or drain is to be cleaned and repaired, he shall ascertain from the 
bench marks and the original specifications on file, the original depth 
and width of the ditch or drain at each grade stake established. If the 
improvements or betterments contemplated include the enlargement, 
deepening, widening, straightening, extending or constructing of any 
ditch or drain, such surveyor shall so locate the line of such proposed 
drain or any extension thereof or tributaries or laterals thereto as in 
his judgment will be most convenient and advantageous, and he shall 
perform any and all other engineering work of any kind or character 
whatsoever which may be necessary to fully carry out the proposed 
work of cleaning, repairing, improving or bettering as specified in the 
petition and granted by the Board of Commissioners. 

532k. Assessments for benefits. Unless otherwise modified by the 
Board of Commissioners at the hearing provided for in section fifteen 
(15) of this act and except as hereinafter otherwise provided, the ben- 
efits assessed to or the damages awarded any tract or parcel of land or 
other property for the repair and cleaning or the improvement and 
betterment of any ditch or drain, shall be based upon the awards of 
damages or assessments for benefits originally made for the construc- 
tion of such ditch or drain and each tract or parcel of land or other 
property shall be assessed proportionately for repairs and cleaning, or 
improvements and betterments, and each proportionate share, as based 
on the original cost for construction, shall be computed by such survey- 
or from the original assessment roll of such ditch or drain. The sur- 
veyor shall make the computation of the proportionate shares of bene- 
fits and damages to be assessed against and awarded to each tract or 
parcel of land or other property, as herein provided, before making his 
view and inspection of the ditch or drain and such lands and other 
property drained thereby, and in making such view and inspection he 
shall determine and ascertain whether such proportionate shares are 
just and equitable, and shall report accordingly: Provided, That if 
any ditch or drain contemplated in this act shall have been newly con- 
structed or reconstructed, the cost of such reconstruction shall be 



207 Board of County Commissioners. §5321 

taken as the basis in determining the proportionate assessments for 
benefits or damages in repairing or cleaning. If the proposed improve- 
ment or betterment of any ditch or drain contemplates the extension of 
such ditch or drain by digging new channels or constructing laterals or 
any other work which will result in conferring benefits or imposing 
damages on lands or other property not involved in the original pro- 
ceedings for the construction of such ditch or drain, the surveyor shall 
assess to each such tract or parcel of land or other property including 
streets, highways, rights of way of railroads or other transportation 
companies, and the lands and easements of any and all corporations, 
whatsoever, its proportionate share of benefits and damages in the same 
manner as is now provided by law in the proceedings for the original 
construction of ditches and drains. The surveyor shall likewise deter- 
mine and ascertain whether any lands or other property not mentioned 
in the petition and not originally assessed for the construction of such 
ditch or drain will be benefited by the proposed repairs or betterments, 
and also whether any lands and other property described in the petition 
and originally assessed for the construction of such ditch or drain will 
not be benefited by the proposed repairs and betterments, and report 
accordingly. The surveyor shall award to each tract or parcel of land 
through which any open ditch or drain passes reasonable damages, 
which, in his judgment, accrue to such lands by reason of the presence 
or existence therein or thereon of such open ditch or drain, and the 
benefits assessed to such tracts or parcels of land shall be abated 
accordingly. If the owner or owners of the lands appropriated for the 
right of way of any such open ditch or drain shall not have been orig- 
inally compensated at the time of construction, for the lands embraced 
in such right of way, so appropriated, "such owner or owners may be 
awarded an annual rental for the use and usufruct thereof, in lieu of 
damages hereinbefore provided. In view and inspecting any such ditch 
or drain, the surveyor shall take note of any accumulations of earth or 
debris or any other obstructions in the channel of such ditch or drain 
which are directly traceable to the negligence of any landowner. The 
surveyor shall notify such landowner of the presence of such accumula- 
tions or obstructions and give him an opportunity to remove them at 
his own cost, and upon failure or refusal to do so, the surveyor shall 
estimate the approximate cost of removing such obstructions and accu- 
mulations and assess the same as special benefits to such landowner 
and the special assessments so made shall be collected at the same time 
and in the same manner that assessments for cleaning and repairs are 
collected. 

5321. Main line di'aln. Any open or tile drain which constitutes an 
outlet for a separate and distinct tributary drain or separate and dis- 
tinct tributary drains, shall, for the purpose of this act, be known and 
designated as a main line drain. In assessing benefits for the cleaning 
and repair of any main line drain, the total benefits so assessed shall be 
divided and apportioned in the following manner: 

1. Each tract or parcel of land or other property directly benefited 
by and originally assessed for the construction of any main line drain 
shall be assessed its proportionate share of benefits, as provided in sec- 



§532m BoAED OF County CoMMissiONEES. 208 

tion eleven (11) of this act, which it would bear if no such tributary 
drain or tributary drains had been constructed or afforded an outlet 
therethrough. 

2. Whatever additional revenue may be necessary to pay the 
expenses of cleaning out and repairing any such main line drain shall 
be raised by levying an assessment, at a uniform rate per acre, on each 
and every acre of land or other property originally assessed for the 
construction of any and all tributary drains which are afforded an out- 
let through such maio. line drain. The assessments imposed by the levy 
of a flat or uniform rate shall be deemed an annual rental charge for 
the use of the outlet afforded by the main line drain, and the benefits 
derived from the use of such outlet by the lands and other property 
assessed therefor. 

532in. Report of surveyor. The surveyor shall prepare the neces- 
sary maps and profiles and shall embody all his estimates, calculations, 
recommendation and any and all other matters contemplated in section 
ten (10) of this act, in a report. He shall likewise prepare an assess- 
ment roll in which shall be set forth in proper form the amounts of 
benefits and damages and annual rentals assessed against and awarded 
to each tract or parcel of land of forty (40) acres or less according to 
the government surveys, and in Clark's grant and the French grant, 
and all preemptions of Indian reservations in such tracts as are owned 
by such persons or corporations as in his judgment will be affected by 
the cleaning and repair, or the improvement and betterment, of such 
ditch or drain. In the event that the petition asking for the cleaning 
and repair or the improvement and betterment of any ditch or drain 
shall have contained a request asking for the creation of an emergency 
fund, to be disbursed in the manner and for the purposes hereinafter 
provided, the surveyor shall ascertain the total amount of benefits 
assessed for the objects and purposes contemplated in the petition, and 
shall add thereto ten (10) per cent, of such amount for the creation of 
an emergency fund as hereinafter provided. The report and assessment 
roll shall be signed by the surveyor and shall be filed in the office of 
the county auditor. 

53211. Auditor — Notice of report. Upon the filing of the report and 
assessment roll as prepared and certified by the county surveyor, the 
county auditor shall give notice thereof by causing publication to be 
made once a week for two (2) consecutive weeks in one newspaper 
printed and published and of general circulation in each county in 
which any of the lands or other property originally assessed for the con- 
struction of such ditch or drain are situated, and the office, plant or 
establishment of which newspaper shall be nearest to the line of such 
ditch or drain, the last insertion of such notice to be made at least ten 
(10) days prior to the first day of the next regular session of the Board 
of Commissioners having jurisdiction in the case. It shall not be nec- 
essary to name the persons interested, but it shall be sufficient to say: 

Notice of filing of surveyor's report and assessment roll for repair 
(or improvement and betterment) of ditch. 

Notice is hereby given to all persons whose lands or other property 
were originally assessed for the construction of the ditch 



209 Board of County Commissioners. §532o 

in township (or townships), county (or 

counties), Indiana, that the county surveyor of county 

Indiana, to whom the petition for the repair (improvement and better- 
ment) of the ditch was referred by order of the Board 

of Commissioners of county, Indiana, filed his report 

and assessment roll in this office on the day of 

19..., and you and each of you are hereby notified that you may 
examine the report and the assessment roll and file exceptions to all or 
any part thereof, as provided by law. 



County auditor of county, Indiana. 

Dated this day of 19 . . . 

The county surveyor shall likewise cause not less than three (3) 
similar notices, either written or printed to be posted in three (3) 
public and conspicuous places near the line of the ditch or drain in 
each township through which the line of the ditch or drain passes. 

If any lands or other property which shall not have been assessed 
for the original construction or any subsequent reconstruction of such 
ditch or drain shall have been assessed by the county surveyor for 
repairs and cleaning or improvements and betterments, the petitioners 
shall deliver in person to each such landowner or landowners one copy 
of the notice as provided in this section and a statement certified by 
the county auditor disclosing the fact that such landowner has been 
assessed for benefits and showing the amount of his assessment; and if 
such owner or owners cannot be found, such notice and statement shall 
be left at his last and usual place of residence or it may be delivered to 
the tenant or agent of the land assessed, if any there be, of such owner 
or owners. All costs incurred in serving such personal notices shall be 
paid out of the funds raised for the repair and cleaning or the improve- 
ment and betterment of such ditch or drain. 

532o. Hearing of exceptions. Any interested person may file excep- 
tions to the surveyor's report or any part thereof, or to any assessment 
for either benefits, damages or annual rentals. Upon the day named in 
the notice the Board of Commissioners shall hear all exceptions and 
objections which may be made to the surveyor's report or to any part 
thereof, or to any assessment for either benefits, damages, or annual 
rentals, and shall determine all such objections speedily and in a 
summary manner so as to carry out liberally the purposes of this act. 
The Board of Commissioners may change, modify or supplement the 
surveyor's report or any part or item thereof; such Board of Commis- 
sioners may likewise modify and equalize the assessments as justice 
may require by diminishing the assessments on some tracts and in- 
creasing it on others, or by giving or withholding damages or an- 
nual rentals, and for such purposes all persons whose lands or other 
property are reported as affected, or are stated in the petition as 
affected, shall be deemed to be in court, by virtue of the notice origin- 
ally given to such parties of the pendency of the petition, or by notices 
subsequently given to the owners of lands which were not in the peti- 
tion but brought in by action of the county surveyor; and if lands are 

14—4842 



§532p Board of County Commissioners. 210 

described in the petition as affected by the proposed work and the 
county surveyor has reported such lands as neither benefited nor dam- 
aged, the Board of Commissioners may, if the facts and justice shall 
warrant it, make assessments against the same. If lands or other 
property are described in the surveyor's report as beneficially or in- 
juriously affected by the proposed work which were not originally 
assessed for construction of such ditch or drain, the Board of Commis- 
sioners may, if the facts and justice shall warrant it, make or confirm 
assessments against the same, and as such assessments are so changed, 
modified and equalized, or made they shall stand and be adjudged valid. 
If the report is found to be defective and not according to law, the 
Board of Commissioners may direct the county surveyor to amend and 
perfect the report. The Board of Commissioners may adjourn the 
hearing from day to day, or from time to time, as they may deem 
necessary, until all objections are heard. All persons interested shall 
take notice of such adjournment without further notice. In the event 
that the petition asking for the cleaning and repair or the improvement 
and betterment of any ditch or drain shall have contained a request 
asking for the creation of an emergency fund, to be disbursed in the 
manner and for the purposes hereinafter provided, the Board of Com- 
missioners shall add to the total amount of assessments for benefits, as 
changed, modified, equalized, confirmed or made, ten per cent. (lOrO of 
such amount for the creation of an emergency fund, as hereinafter 
provided. When the order is entered confirming the assessments it 
shall be final and conclusive upon all parties interested, unless appealed 
from in ten (10) days thereafter. If an appeal is taken, all other per- 
sons interested shall take notice of such appeal. If the court to which 
an appeal is taken reduces the assessment one-fifth (1/5) in amount, 
then all costs occasioned by such appeal shall be paid out of the general 
funds in the county treasury not otherwise appropriated, otherwise the 
costs shall be adjudged against the appellant. If more than one person 
appeal separately, the cases shall be consolidated and tried together. 
No appeal from any action of the Board of Commissioners had under 
this act shall be permitted to act as a supersedeas or to delay any action 
or the prosecution of any work begun under this act. 

532p. Letting of contract. When the report and the assessment roll 
as prepared and submitted by the county surveyor and as changed, 
modified, supplemented, equalized and adjusted by the Board of Com- 
missioners shall have been finally confirmed and adopted, the matter 
shall be immediately referred to the county surveyor who shall pro- 
ceed forthwith to let the contract for the work of cleaning and repair- 
ing or improving and bettering such ditch or drain, under the direction 
and subject to the orders of the Board of Commissioners. Such county 
surveyor shall give notice of the letting of such contract by causing 
publication to be made once a week for two (2) consecutive weeks in 
some newspaper printed and published and of general circulation in 
each county in which are situated lands and other property assessed for 
the cleaning and repair or the improvement and betterment of such 
ditch or drain, and the oflfice plant or establishment of which news- 
paper is located nearest to the ditch or drain. The last insertion of the 



211 Board of County Commissioners. §532q 

notice shall be made at least (10) days prior to the day on which such 
contract is to be awarded. If the work is to be done with a dredge 
machine, one insertion of such notice shall likewise be published in 
one reputable engineering journal. The notice as published shall be in 
substantially the following form and it shall be deemed sufficient for 
all purposes of this act: 

Notice of letting contract for cleaning and repair (or improving 

and bettering) of ditch in township (or 

townships) county (or counties), Indiana. 

Notice is hereby given to all persons interested that the plans, speci- 
fications and computations for the work of cleaning and repairing (or 

improving and bettering) the ditch, located in 

township (or townships) county (or counties) , Indiana, 

are on file in this office where they may be examined and inspected, and 
that the contract for the cleaning and repair (or the improvement and 
betterment) of the aforesaid ditch will, in pursuance of the order of 

the Board of Commissioners of county, be awarded at 

this office on the day of , 19 ... , to the 

lowest and best responsible bidder. 



County surveyor of county, Indiana. 

Dated this day of , 19 . . . 

If the work of cleaning and repairing the ditch or drain is to be 
done with a dredge machine, a statement of the fact shall likewise be 
contained in the notice. The county surveyor shall furnish to any per- 
son interested or to any one proposing to bid on the work, the computa- 
tion of the number of cubic yards of excavation in each station of the 
ditch or drain and such other facts as he may have at his disposal. 

532q. Bids on whole or part. On the day and hour, and at the 
place designated in the notices, the county surveyor shall, under the 
direction, and subject to the orders of the Board of Commissioners, 
proceed to let such work by contract to the lowest and best responsible 
bidder. He may, subject to the preference hereinafter guaranteed to 
the interested owners of lands and other property, let the work of 
excavating as a whole or divide the same into two or more sections, and 
let the same in separate contracts, as will, in his best judgment, the 
most speedily and economically accomplish its completion. The con- 
tract or contracts for leveling down the excavations removed from the 
ditch or drain, constructing any timbers, metal, concrete or masonry 
work which may be required, removing trees or other natural growths 
found upon the banks of such ditch or drain or contiguous thereto, fur- 
nishing and hauling the tile which may be required, or performing any 
other necessary service or services, may be awarded in a single contract, 
or let separately, or so combined in two or more contracts as will most 
speedily and economically accomplish the work. Any person who shall 
have successfully bid for the whole or any part of such work, shall, 
when the same is so set off to him, enter into a contract with the county 
surveyor to perform such part of such work, and give bond and surety, 
in a proper and adequate penalty, to be approved by the Board of Com- 



§532r BoAKD of County Commissioners. 212 

missioners, for the performance of his contract, in a workmanlike man- 
ner, and in the time specified in such contract, which, for good cause, 
such as inclement weather or other unavoidable contingencies, may be 
extended, by order of the Board of Commissioners, on recommendation 
of the surveyor, and that he will pay all damages occasioned by his 
nonfulfillment of his contract, which may be recovered in any court of 
competent jurisdiction. And in case any person or persons whose lands 
or other property are assessed for the repair and cleaning or better- 
ment and improvement of such ditch or drain shall be damaged by 
reason of the default and failure of such contractor to complete the 
work within the time limited, or reasonable extensions thereof, and in 
the manner specified, such contractor so in default shall be liable on his 
bond to the person or persons so damaged, to the full amount of such 
damages, which may be recovered in any court of competent jurisdic- 
tion, in a suit or an action on such bond in the name of the State of 
Indiana, on the relation of the person or persons damaged, for the use 
of such person or persons injured or damaged, and the amount recov- 
ered shall be paid to the person or persons injured; and the county 
surveyor may bring suit in the name of the State of Indiana oh his 
relation as such surveyor on such bond in any court of competent juris- 
diction to recover any increased cost, expense or damages of or to the 
work by reason of the failure or default of such contractor, and the 
amount recovered shall be and become a part of the funds in the hands 
of the county surveyor for the prosecution of such work, the same as 
assessments. All earth or other material removed from any ditch or 
drain shall be leveled down in a manner to be prescribed by the county 
surveyor and approved by the Board of Commissioners, and, in all 
cases, in such manner as to suit the reasonable convenience of the 
several landowners interested. In awarding the contract or contracts 
for leveling down the earth or other material removed from any such 
ditch or drain, preference in all cases, shall be given to the landowner 
or landowners through whose land such ditch or drain passes. 

532r. Owners may bid. Any person, against whose lands or other 
property assessments for repairs^ improvements or betterments have 
been made, shall have the preference, at the same rate, over any other 
contractor, to the extent of his individual assessment, if such person so 
assessed for the repair, improvement or betterment of such ditch or 
drain shall be present at the time when such contracts for repairs, im- 
provements or betterments are let, and shall demand a contract for 
such portion of such work as shall approximately equal his assessment, 
and if in the judgment of the county surveyor, he shall be fully compe- 
tent to perform the work, and in the event that a portion or allotment 
of such work is contracted to any person or corporation interested in 
the repair, improvement or betterment of such ditch or drain, such 
county surveyor shall, whenever practicable, locate such share, portion 
or allotment of such ditch upon such tract of land owned by such per- 
son, or upon the right of way of such corporate road or railroad, in 
such manner as to meet the convenience of the owner or owners, and 
he shall fix a permanent mark or monument at the place of beginning 
of such portion or allotment and he shall likewise establish a perma- 



213 BoAED OF County Commissioners. §532s 

nent mark or monument at the termination of such portion or allot- 
ment and give the exact location of such portion or allotment, its length 
in feet, and a brief description of the manner in which the work shall be 
done. Such person or corporation to whom such share or portion has 
been sold, shall, within the time which shall be reasonable, and which 
for good cause, such as inclement weather or other unavoidable causes, 
may be extended under the direction of such county surveyor, with the 
consent and approval of the Board of Commissioners, construct such 
part of such work, so set off to him, and if such person or corporation 
is not ready with a sufficient force to execute and proceed properly and 
expeditiously with such work when the contractor shall have the work 
ready for him to begin, in such manner as not to retard or obstruct the 
progress of the work, or if such person or corporation shall fail or 
refuse to construct such portion of such work so contracted to him 
within the time and according to the specifications, or should it become 
manifest, before the expiration of such time, that such person or cor- 
poration would not complete the same, or would be unable to complete 
the same within the time limited, or in the manner specified, then such 
person or corporation shall forfeit all rights conferred by his contract 
to such contractor and shall in addition thereto be liable to such con- 
tractor for any damage for any avoidable delay which such contractor 
may suffer by reason of the neglect or failure of such person or corpo- 
ration to proceed properly with such work, but such person or corpora- 
tion so in default shall be allowed on his contract a fair price for the 
work he has performed up to the time his contract is so annulled, such 
price to be determined by the county surveyor, with the consent and 
approval of the Board of Commissioners, letting the contract for the 
work. If such person or corporation to whom an allotment of work is 
contracted shall perform his work within the time and according to 
the manner specified, the price thereof shall be applied on his assess- 
ment, and the same shall not be collected of him as hereinafter pro- 
vided. 

532s. Work completed — Acceptance. Each ditch or drain shall be 
cleaned out to a depth and width not less than its original specifications, 
and all work whether of cleaning and repairing or improving and bet- 
tering, shall be done in a workmanlike manner. When finally com- 
pleted, the work shall be inspected by the county surveyor, and if in 
substantial conformity with the terms of the contract and according to 
the specifications furnished to such contractor, shall be accepted by 
such surveyor: Provided, That the county surveyor may, with the 
approval and consent of the Board of Commissioners, inspect and 
accept such work in sections which the county surveyor may recom- 
mend and the Board approve, and which will, in their discretion, be 
most just and equitable to the contractor and the interested landown- 
ers. When the work of cleaning and repairing or improving and better- 
ing any ditch or drain is finally completed, and accepted by the county 
surveyor, such surveyor shall report that fact to the Board of Commis- 
sioners, and the same shall be incorporated with and made a part of 
the record. 



§532t BoAKD OF County Commissioneks. 214 

532t. Drainage tax duplicate. When the assessments for benefits 
are finally confirmed and established, as provided in section fifteen (15) 
of this act, the county surveyor shall prepare and certify to the auditor 
of each and every county in which are situated any lands or other 
property assessed for the repair and cleaning or the improvement and 
betterment of such ditch or drain, an assessment roll, in which shall 
be shown the names of the owners of lands and other property in 
such county assessed for benefits, the description of the lands and other 
property so assessed, and the total amount of such assessment. The 
Board of Commissioners of each county of this state shall, if neces- 
sary, provide a well-bound book, appropriately ruled, which shall be 
known as the "drainage tax duplicate" and in which the auditor of 
such county shall enter all such assessments as rapidly as they are 
certified to him, and shall immediately thereafter place one copy of 
such duplicate in the hands of the county treasurer of such county who 
shall collect all such taxes recorded therein at the same time and in 
the same manner in which he collects state and county taxes. Such 
taxes so levied for cleaning and repairs or improvements and better- 
ments shall be divided into two equal installments, on© installment 
of which shall be due and payable on or before the first Monday in 
May or November, first suceeding the levy thereof, as the case may 
be, and the other installment of which shall be due and payable on 
or before the first Monday in May or November next succeeding the 
levy thereof as the case may be. All laws now or hereafter in force 
governing delinquencies, interest and penalties and the sale of prop- 
erty for unpaid state and county taxes shall govern in all such mat- 
ters relative to drainage taxes levied for any of the purposes of this 
act, except that in all cases where the first installment of such drain- 
age taxes shall be due and payable with the November installment of 
state and county taxes, no such property shall be sold for the collection 
of unpaid drainage ta.xes until after the May installment shall also 
become due and unpaid. No money collected for the purposes and 
under the authority of this act shall be paid out of the county treasury 
of any county, except by an order duly signed and issued by the Board 
of Commissioners having jurisdiction of the work of cleaning and re- 
pair or improvement and betterment and on warrant of the proper 
county auditor. 

532u. Emergency fund — When paid. The emergency fund of any 
ditch or drain levied in the manner, and at the time, and under the 
conditions and in the amount prescribed elsewhere in this act, shall be 
due and collectible in two equal installments at the same time and in 
the same manner that taxes levied for defraying the cost and expenses 
of cleaning and repairing or improving and bettering such ditch or 
drain are due and collectible. If the benefits assessed and collected 
for the costs and expenses of the cleaning and repair or the improve- 
ment and betterment of any ditch or drain, including damages and 
annual rentals awarded, the costs of the proceedings and any and all 
other lawful expenses, shall exceed all such costs and expenses, th© un- 
expended balance shall be added to and become a part of the emergency 
fund of such ditch or drain. Any and all money constituting the emer- 



215 BoAED OF County Commissioners. §532 v 

gency fund of any ditch or drain, as herein defined, are hereby declared 
subject to deposit, and the county treasurer having charge and custody 
of such emergency fund, or any part thereof, shall deposit all such 
funds in the depository or depositories of such county, selected by the 
proper board of finance, and he shall likewise file with the secretary 
of such board of finance a verified statement of the funds so deposited. 
Such or any such emergency fund shall not be subject to disburse- 
ment or withdrawal except to discharge the obligations authorized 
as hereinafter providi^d. 

532y. Purj)ose of emergency fund. The emergency fund of any ditch 
or drain shall be used for the following purposes, and for such pur- 
poses only: 

1. The replacing of broken or defective tile, including both the 
cost of the tile required and the necessary labor of installing. 

2. The repair of sand-traps, culverts and other similar structures 
whether of wood, metal, concrete or masonry work, which may be dam- 
aged, displaced or destroyed by floods, rain-storms, or the action of 
the elements, or any other unavoidable cause. 

3. The removal of accumulations of earth, sand, gravel, bush, trees, 
leaves, debris or any other obstructions which if not removed promptly 
will impound the water and retard its free flow through such ditch or 
drain. 

4. The destruction and removal of weeds, shrubs, brush or other 
natural growths, as prescribed in section twenty-five (25) of this act. 

5. Any other imperative, provisional or temporary repairs which 
the Board of Commissioners having general supervision of the ditch 
or drain may authorize and approve, and the total cost of which will 
not exceed the unexpended balance of the emergency fund of such 
ditch or drain: Provided, That in the event that the emergency fund 
of any ditch or drain shall be so nearly exhausted that there is not 
sufficient funds therein to undertake any temporary or provisional 
repairs contemplated in this section, and which repairs are of impera- 
tive and immediate necessity, the Board of Commissioners having 
general superintendence of such ditch or drain may authorize the re- 
pairs made and after completely extinguishing the emergency fund in 
payment of the costs and expenses of the repairs, the residue of such 
costs, and expenses shall be paid in the first instance out of the county 
treasury of the county in which the proceedings for cleaning, repair, 
improvement or betterment were had, and shall be repaid to such 
county treasury together with any interest, at the rate of four per cent. 
(4%) per annum which has accumulated thereon, out of such emer- 
gency fund when subsequently replenished by a new levy of taxes as 
hereinafter provided. 

532w. Maintenance tax. It shall be the duty of the Board of Com- 
missioners having general superintendence of any ditch or drain con- 
templated in this act to provide for the levy of a maintenance tax, 
when requested to do so by the overseer having charge of the main- 
tenance of such ditch or drain, or on petition of the resident owners of 
one-tenth (1/10) of the lands or other property, or on petition of 
one-tenth (1/10) of the resident owners of the lands or other prop- 



§532x Board of County Commissioners. 216 

erty assessed for cleaning and repairs or improvement and betterment 
the time last preceding, or when the emergency fund of such ditch or 
drain is exhausted, or likely to be exhausted, by the expenses incurred 
or to be incurred in defraying the costs of any repairs or contemplated 
repairs. Such maintenance tax shall be based upon and apportioned 
according to the assessments made for cleaning and repairing or im- 
proving and bettering such ditch or drain the time last preceding such 
levy, and the total amount of which maintenance tax shall not exceed 
ten per cent. (10%) of the total amount raised by assessments for 
such cleaning and repair or improvement and betterment. Such 
maintenance tax shall be entered on the drainage tax duplicate of the 
several counties in which are situated any lands or other property 
assessed for the construction, repair or betterment of such ditch or 
drain and shall be collected in all respects as is provided by section 
twenty (20) of this act. 

532x. Appointment of overseer — Duties. In the event that the peti- 
tion asking for the cleaning and repair of the improvement and better- 
ment of any ditch or drain shall have contained a request asking for 
the creation of an emergency fund, such ditch or drain shall, from and 
after the date of the granting of such petition, be and remain in the 
permanent custody and under the exclusive jurisdiction of the Board 
of Commissioners having jurisdiction in the case, and such Board shall 
have charge and supervision of the maintenance of such ditch or 
drain, as provided in this act. At the time of approving the work of 
cleaning and repairing or of improving and bettering any ditch or 
drain, as accepted by the county surveyor, the Board of Commission- 
ers shall appoint an overseer for such ditch or drain who shall be a 
landowner, owning lands or other property assessed for the construc- 
tion and repair or betterment of such ditch or drain, and who shall 
be a reputable person of intelligence and good judgment. The over- 
seer so appointed shall be the responsible resident agent of the Board 
of Commissioners; he shall receive two dollars per day for days actual- 
ly worked for his services and shall hold his office at the pleasure of 
the Board. The overseer shall be required to perform the following 
duties: 

1. To investigate and report to the Board of Commissioners any 
temporary or provisional repairs which may be needed from time to 
time, either on his own initiative, or on request or report of any in- 
terested landowner. 

2. When authorized by the Board of Commissioners, to let the 
contract for or hire the necessary labor, and purchase the necessary 
material, to make such repairs, and when the work is completed to 
certify that fact to the Board of Commissioners, together with an 
itemized statement of the expense incurred. If in the judgment of 
the Board of Commissioners the work has been done in a satisfactory 
manner and the costs and expenses incurred are just and reasonable, 
the payment thereof shall be authorized out of the emergency fund of 
such ditch or drain, 

3. To recommend to the Board of Commissioners the necessity 



217 Board of County Commissioners. §532y 

for and the amount of the maintenance tax to be levied for the purpose 
of replenishing the emergency fund as provided in section twenty-three 
(23) of this act. 

4. To hire the necessary labor to destroy or remove the weeds, 
shrubs, trees and other natural growths found on the banks of any 
such ditch or drain as provided in section twenty-five (25) of this act. 
532y. Shrubbery removed in August. That all shrubs, weeds, brush, 
trees or other natural growths shall be removed twenty-five (25) feet 
from center of any open or tiled ditch or drain during the month of 
August of each and every year, except when such natural growths, 
other than weeds, protects the washing of the banks of such open 
drain or ditch, except as hereinafter provided. The necessity for and 
the manner in which such work shall be performed shall be deter- 
mined and specified by the overseer having charge of the maintenance 
of the ditch or drain, by and with the consent or approval of the Board 
of Commissioners having general superintendence of the ditch or drain. 
The contract for the labor necessary to remove such natural growths 
shall be awarded by the overseer, preference being given to the several 
landowners through whose lands such ditch or drain passes. When 
the work is completed, that fact shall be certified to the Board of 
Commissioners by the overseer, together with an itemized statement of 
the expense incurred. If in the judgment of the Board of Commis- 
sioners the work has been done in a satisfactory manner and the costs 
and expenses incurred are just and reasonable, the payment thereof 
shall be authorized out of the emergency fund of such ditch or drain. 
In the event that an emergency fund has not been provided for, all 
shrubs, brush, weeds, trees and other natural growth twenty-five (25) 
feet from center of any open or tiled ditch or drain shall be removed 
during the month of August of each and every year by the several 
landowners through whose lands such ditch or drain passes, except 
where such natural growths, other than weeds, protects the washing 
of the banks of such open drain or ditch. Any overseer or any land- 
owner who shall fail or refuse to perform any of the duties imposed 
upon him by this section, shall be deemed guilty of a misdemeanor 
and upon conviction thereof shall be fined in any sum not less than 
twenty-five (25) dollars nor more than fifty (50) dollars: Provided, 
That nothing contained in this section shall be construed to apply to 
trees, shrubs or other growths found near any sewer or drain in any 
incorporated city or town of this state; nor shall any of such provisions 
be construed to apply to fruit or ornamental trees or shrubs of any 
description whatsoever growing near a ditch or drain, but in case any 
such ditch or drain shall be choked or obstructed by any root forma- 
tion of such fruit or ornamental trees, or shrubs, the owner thereof 
shall be required to remove such obstructions at his own expense, and 
on failure to do so shall be subject to the penalties prescribed in this 
section and in addition thereto double the damages incurred by any 
landowner because of the presence of such obstruction, the amount of 
such damages to be ascertained by three ( 3 ) disinterested parties to 
be named by the Board of Commissioners. 



§532z Board of County Commissioners. 218 

532z. Sanitary districts made a party. If at the time of the organ- 
ization of any drainage, sanitary or reclamation district created under 
the provisions of an act entitled An act concerning the organization 
of drainage, sanitary and reclamation districts and prescribing their 
powers and duties, as enacted by the general assembly of the State 
of Indiana in 1915, and the construction of ditches, drains and other 
drainage works therein, it shall not be deemed necessary by the chief 
engineer and the board of supervisors of such district to incorporate 
with and make a part of the plan for reclamation of such district all 
ditches and drains connected with the ditches and drains constructed 
or to be constructed in such district, such ditches or drains so con- 
nected with the ditches and drains constructed or to be constructed 
in such district may be cleaned out and repaired in the same manner 
and according to the procedure prescribed in this act, except that the 
district shall be made a party to the proceeding and shall be notified 
as provided in the preceding sections of this act, and through its 
proper officers, shall be entitled to be heard on any and all matters 
affecting the interests of the district, or any landowner therein, or 
the safety and permanence of the drainage works of such district. 

532aa. Property included. In the event that any ditch or drain con- 
necting with the ditches and drains constructed or to be constructed by 
any drainage, sanitary or reclamation district shall not have been in- 
cluded with and incorporated in such district at the time of its or- 
ganization, or subsequently thereto, a majority of the owners of the 
lands and other property, or the owners of a major portion of the area 
in acreage of the lands and other property originally assessed for the 
construction of such ditch or drain may petition the board of super- 
visors of such district to have the lands and other property originally 
assessed for the construction of such ditch or drain included in and 
incorporated with such district. The petition shall include a descrip- 
tion of all of the lands and other property originally assessed for the 
construction of such ditch or drain and the name or names of the 
owners thereof as appears by the last tax duplicate or record of trans- 
fers kept by the county auditor of the county in which such lands or 
other property are situated. The board of supervisors shall consider 
the petition so presented, and shall reply in writing specifying the 
terms, methods and conditions upon which such incorporation may be 
effected, all of which terms, methods and conditions shall be approved 
by the chief engineer and the attorney for the district, and the con- 
nection, if established, shall in all cases be in strict accordance with 
the methods, terms and condtions as specified in the consent. If the 
consent is obtained and the owner or owners of the lands and other 
property who shall have signed the petition are satisfied with, and 
accept the terms, methods and conditions, prescribed therein, all the 
lands and other property originally assessed for the construction of 
such ditch or drain shall from the date of acceptance of such consent 
be deemed a part of the district and the jurisdiction of the board of 
supervisors shall, from such date, be as complete and exclusive as 
though such lands and other property had been included with and 
incorporated in the district when originally created and organized. A 



219 Board of County Commissioners §532bb 

record of all necessary transactions attending the incorporation with 
the district of the lands and other property described in the petition 
shall be transcribed in the district drainage record and shall be a 
public record of such district the same as its other documents. If the 
petitioners desiring to make such connections, shall be refused by the 
board of supervisors, or decline to accept the terms, method and 
conditions prescribed in the consent so obtained, such petitioners may 
file their petition asking for such connection with the circuit or su- 
perior court having jurisdiction in such district, and the matter in 
controversy shall be determined by such court in a summary manner 
and such determination shall be binding on the district and the peti- 
tioners. 

532bb. Per diem of surveyor. The county surveyor shall receive in 
full for his actual services performed in compliance with the provisions 
of this act the sum of four dollars ($4.00) per day, and not [to] exceed 
two dollars ($2.00) per day for the services of each deputy surveyor, 
and the same rate for parts of days, to be paid out of the funds raised 
for the purpose of cleaning and repairing such ditch or drain, upon 
a report on oath, filed with the clerk of the court or the county auditor. 
In cases where it is necessary to employ a civil engineer to act in such 
capacity as a deputy surveyor; then such deputy shall be paid at the 
rate of four dollars ($4.00) per day for the time actually employed. 

532cc. Definition. The expression "cleaning and repairing," as 
used in this act shall be construed to mean the restoration of the ditch 
or drain to its original condition and in strict accordance with the orig- 
inal specifications, and not in excess thereof: Provided, however. That 
if the major part of the proposed work shall consist of cleaning and 
repairing as herein defined, minor improvements, and betterments, 
costing in the aggregate not to exceed one hundred dollars ($100), 
may be asked for in the petition, considered at the hearing, and author- 
ized by the court or Board of Commissioners if of urgent necessity 
and in conformity with the spirit and purposes of this act. 

The expression "improvement and betterment" as used in this act 
shall be construed to mean: 

1. The enlargement, deepening, widening, straightening or ex- 
tending of any ditch or drain, including the construction of new parts 
or additions. 

2. The construction, repair, replacement, enlargement, remodeling 
or modification of sand-traps, culverts, fences, flood-gates or any other 
timber, concrete, metal or masoriry work. 

3. The tiling of an existing open ditch or drain. 

4. The transformation of an existing tile drain into an open drain 
by removing the tile and making the necessary excavations. 

5. Increasing the capacity of a tile drain by removinj the old tile 
and installing larger tile or sewer pipe. 

6. Installing an additional or supplementary line or lines of tile 
whether parallel and in close proximity to an existing line or lines of 
tile, or otherwise. 

7. Any of the methods hereinbefore enumerated combined which 



§532dd Board of County Commissioners. 220 

may be necessary and practicable to facilitate the drainage of the lands 
and other property affected thereby. 

The expression "improvement and betterment" may in all cases 
be construed to mean the cleaning and repair of any part or parts of a 
ditch or drain which parts are not to be improved and bettered. 

582fld. Ditch or clrain — Definition. The expression "ditch or drain" 
as used in this act shall be construed to mean any ditch or drain 
whether constructed by means of a dredge machine or otherwise and 
whether a tile drain or an open drain, or partly tiled and partly open, 
except such or any such ditch or drain which may be constructed under 
and by virtue of an act of the general assembly of the State of In- 
diana of 1915 entitled "An act concerning the organization of drainage, 
sanitary and reclamation districts and prescribing their powers and 
duties" and except such or any such ditch or drain constructed under 
and by virtue of any other law of this state if the owners of the lands 
and other property originally assessed for the construction of such 
ditch or drain shall elect to avail themselves of the provisions of the 
above entitled act to organize a maintenance district. For convenience 
of repair and cleaning or improvement and betterment, the expression 
"ditch or drain" shall likewise be construed to mean the whole or any 
fractional part of the main ditch or drain, or the whole of any tributary 
ditch or drain. The term "court" as used in this act shall be construed 
to mean the circuit or superior court; the expression "Board of Com- 
missioners" shall be construed to mea-n the Board of Commissioners 
of the county. The expressions "originally constructed," "originally 
assessed," "original specification," and other similar expressions shall 
be construed to apply to any new construction or reconstruction. 

532ee. Blind ditches.. Thai where any person shall have converted 
the whole or any part of that portion of any open ditch or drain run- 
ning through his lands into a blind ditch by installing drain tile of 
sufficient dimensions and capacity to adequately serve the purpose of 
drainage, thus obviating the necessity of cleaning or repairing that 
part of such ditch or drain so tiled, such tiling shall be taken into con- 
sideration in making assessments for cleaning and repairs, and the 
owner shall receive due credit for the portion so tiled, and the assess- 
ment for benefits made shall be abated accordingly. 

532ff. Division of assessments. In all cases where a division of any 
tract or parcel of land assessed for cleaning and repairs or improve- 
ment and betterment shall be made by sale, transfer, devise, bequest 
or otherwise, the assessment on such tract or parcel of land may be 
subdivided by contract, or apportioned by the county surveyor at the 
instance of the persons interested, and the duties prescribed under 
this act shall pass to grantees. 

532gg. Conditions for emergency fund. In the event that the owners 
of lands and other property originally assessed for the construction 
of any ditch or drain do not desire to clean or repair or improve or 
better such ditch or drain in the manner prescribed in this act, but 
when such owners may desire to provide for the creation of an emer- 



221 Board of County Commissioners. §532hh 

gency fund to be used from time to time as the necessity may arise in 
cleaning, repairing, improving or bettering such ditcli or drain, tliey 
shall have the right and are hereby authorized to file a petition with 
the Board of Commissioners asking solely for the creation of an emer- 
gency fund which shall not be less than three per cent. (3%) nor more 
than twenty-five per cent. (25%) of the original cost of the construc- 
tion of the ditch or drain. Such petition shall state the following: 

1. The name, general location, route, length and approximate di- 
mensions or capa^city of such drain or ditch, and whether it is a title 
[tile] or open drain, and if an open drain whether originally con- 
structed by means of a dredge machine or otherwise. 

2. The date on which the original construction work, or in case 
such ditch or drain shall have been newly constructed or reconstructed 
the date on which the last preceding reconstruction work, on such ditch 
or drain, was completed, approved and accepted, and the nature and 
purpose of any such reconstruction work. 

3. If such ditch or drain has ever been cleaned out or repaired, 
or if any improvements or betterments have ever been made or effected 
thereon or thereto, the date on which the work of cleaning and repairing 
or making or effecting such improvements and betterments, the time 
last preceding was completed, approved and accepted, and the general 
nature and extent of any such improvements and betterments. 

4, The names of the owners of the lands and other property which 
were originally assessed for the construction of such ditch or drain, 
together with a description of the lands and other property owned by 
each, if known, and if the name or names of any owner or owners of 
any ditch or drain or making the repairs which may be necessary to 
restore such ditch or drain to its original condition and make it con- 
form to the original specifications, or of making and effecting such 
improvements and betterments as are specified and prayed for in the 
petition. 

The procedure as to filing the petition giving notice, and the 
requisite number of signers and any and all other matters shall in all 
respects be similar to the procedure in cleaning and repairing ditches 
and drains except that it shall not be necessary for the county surveyor 
to make any inspection of the lands or other property benefited unless 
specifically requested to do so by the petitioners. 

532hh. Payments out of county fund. In the event that the whole 
or any part of any contract awarded for the cleaning, repair, improve- 
ment or betterment of any ditch or drain shall have been satisfactorily 
completed, approved and accepted, before the assessments shall have 
been collected in a sufficient amount to satisfy such obligations and 
debts so incurred, then the amounts so due shall be paid in the first 
instance out of the county treasury of the county in which the proceed- 
ings for cleaning, repair, improvement or betterment were had and 
when the assessments shall be collected the amounts so advanced, to- 
gether with any interest, at the rate paid by the depository from which 
such money was taken, which has accumulated thereon, shall be re- 
paid to said county treasury. Partial payments may be made from 



§532hh Board of County Commissioners. 222 

time to time as the work progresses in such proportionate amounts as 
the Board of Commissioners, on recommendations of the county sur- 
veyor, may determine, but in no case shall an amount equal to more 
than eighty per cent. (80%) be paid on any contract until the work 
contemplated in such contract is fully completed, approved and ac- 
cepted. Where any landowner who has entered into a contract to per- 
form any part of such work, or any contractor who has entered into an 
undertaking to perform the whole or any part of such work shall have 
completed the work so contracted to him, the surveyor shall issue to 
such contractor a certificate showing that such work so contracted 
for has been completed according to the specifications and has been 
approved and accepted and the amounts paid on such contract with the 
date of payment and a record of all such certificates including all 
facts stated therein shall be certified to the county auditor by the county 
surveyor and shall be made a part of the record of the proceeding in 
the cleaning, repair, improvement or betterment of such ditch or drain. 

Note: Sees. 6160 to 6161p, inclusive, of Burns R. S. 1914, 
are repealed; also Sees. 6252 to 6259, inclusive. All ditches 
and drains constructed by incorporated drainage district shall 
be repaired and maintained by such districts in conformity 
with the Ballou Drainage Act, Acts 1915, p. 208. 

All dredge ditches, except those constructed by incorporated 
drainage districts, shall be repaired and maintained in con- 
formity with this act, viz., Sees. 5 32a to 532 hli this book. 

All other ditches, except dredge ditches and ditches con- 
structed by incorporated drainage distiiets, shall be repaired 
and maintained in conformity with this act, or in conformity 
with the "township" act, Acts 1915, p. 3 20. 

This act, the "county" act, and the "township" act, are 
declared by statute to be supplemental to each other, as afford- 
ing optional methods for the repair and maintenance of such 
ditches and drains as are contemplated by both acts, that is: 
When a proper petition shall be filed with and be granted by 
the Board of Commissioners for the cleaning and repairing of 
such a ditch, such ditch shall thereafter be a "county" ditch, 
and shall be under the exclusive jurisdiction of the Board; 
but, 

Until such petition shall be filed with the Board and be 
granted, such ditch shall be and remain a "township" ditch, 
and be under the jurisdiction of the township trustee as pro- 
vided by the "township" act, Acts 1915, p. 320. 



INDEX. 



BOARD OP COUNTY COJIMISSIOIVERS. 

A 

Abandomnent — Section 
Of bridge by bridge company — Controlled by county commis- 
sioners 107 

Of fair grounds for park purposes 13a 

Of highway because of non-user , 298 

By road company — Vacation 329 

Of part of old road in constructing free gravel road 328 

Action — 

By county commissioners to recover money illegally paid out 

of the county treasury 204 

On official bond brought in name of state on relation of inter- 
ested party 8 3a 

Advertisements — 

Legal rates for advertising 4, 182 

Posting notices — Dispensing with advertisements 4 

Aflidavits — 

Accompanying petition for free gravel road on county line 

with deviations 3 2 2d 

In support of claim for bounty 91, 92 

Non-collusion affidavit 98e, 187, 411g 

Agi'icultural society — 

Allowance to interstate society 18 

By county commissioners — Loan — Lien .15, 16, 17 

Appropriations when two societies or fairs in county 20 

Donation made to, by county commissioners and county 

council 19, 20, 22 

Aid- 
See public aid. 

Allowance — 

By county commissioners for keep of colored orphans 7 2 

To custodial institutions for keep of defective children. ... 71 

Cancellation of unpaid allowances 2 6 

Extra allowances, when forbidden 2 5 

For charities — Report of to state board of charities. ....... 133 

For keep of children in orphans' home 7 5 

To agricultural society — Loan — Lien 15, 16, 17 

To interstate agricultural society 18 

When unlawful . . ., 247 

(223) 



224 Board of County Commissioners. 

Animals — Section 

Appointment of county veterinarian by commissioners 529 

Duty of road supervisor to impound 2 9 

Regulation of running at large 27 

Restriction on running at large 2 50e 

Salary of county veterinarian 529 

Taking up or impounding 28 

Annexation — 

Of territory to town 506b 

Appeal — 

By one not party to proceedings before commissioners 33 

By poor person who is denied relief by township trustee. ... 135 

By remonstrant in highway proceedings 306j 

Prom commissioners to circuit court in drainage proceedings 220 
From county commissioners as to decision on granting, revok- 
ing, renewing or transferring licenses. . ., 3 61s 

As to incorporation of town 505b 

As to refund of tax 491 

From decision in levee proceedings 386i 

Of county commissioners on intervening petition 386c 

Of county commissioners removing superintendent of poor 

asylum 179a 

From proceeding to change course of stream 4 82c, 48 2n 

Under three-mile act 310k 

From rejected claim by county commissioners 30 

In highway proceeding — Bond. 293 

To circuit court from decision on hearing as to completion of 

free gravel road 319b 

Transcript made by county auditor 34 

When does not lie from county commissioners to circuit 

court 32 

When lies from decision of county commissioners 33 

Ai)peal bond — 

Curing defect in 31 

Ai>poi'tionnient — 

See legislative apportionment. 

Of expense of change in stream 482g, 4 82h 

Appraisement — 

Of lands mortgaged to school fund and ordered by county 

commissioners to be sold 460a 

Appraisers — 

Appointment in levy proceeding 38 6d 

Report of appraisers in levee proceedings against public 

utility 38 6e 

Apprentices — 

Binding out orphans 69 



Board of County Commissioners. 225 

Appropriations — Section 

Annual appropriation for county library 3 91b 

Auditor to keep accounts of appropriations by council 183 

By county commissioners for bridge on township and county 

line lOOg 

To forestry association 23 

By county council 200 

For advertising expenses 182 

For payment of judgment against county 198 

— When a prerequisite to payment out of county treasury. 180 

Emergency appropriations by county council 185 

Exclusive power in county council — Exceptions 208 

For expenses of board of county charities . 125 

For historical society 332a. 

For home for indigent old women 129 

For joint county bridge 110 

For memorial hall , 399d 

For relief and burial of poor 130 

For removal of obstructions from navigable stream 481 

For soldiers' home . 343 

Prerequisite to validity of contract 195 

Reversion of unexpended funds 521 

To agricultural society of county 19, 20 

Unpaid appropriations revert to general fund. 26 

When unlawful 36 

Arbitration — 

Claims against county cannot be submitted to arbitration. . . 3 7 
Arrest — 

Members of board of county commissioners privileged from 7b 

Privileged from — Persons in attendance upon court 7b 

Assessments — 

By highway superintendent for improvements of highway. . .30 6f 

By viewers for enclosure by fencing association 2 51c 

For construction of fence around land subject to overflow. . .250c 
For fence around land subject to overflow — How collected. . .250c 
For improvement to highway by grading, draining, straight- 
ening, or graveling 303 

Highway benefits collected as taxes. 306c 

Of damages to infants, idiots, or insane persons affected by 

gravel road proceedings 310g 

Of expenses of change in stream — Lien — Collection 482h 

Property of county within city subject to 401 

Release of highway assessments on payments 306i 

Attorneys — 

County auditor or deputy cannot act as before board of com- 
missioners or circuit court 44, 45 

Justices of the peace have no authority to appoint attorneys 

to defend prisoners charged with crime 379 

Treasurer, recorder, sheriff, or any deputy, prohibited from 

acting as attorney before board or court 45 

15—4843 



226 Board of County Commissioners. 

Attorneys' Fees — Section 

Suit for claim against adjoining county for share of cost of 

erection of bridge 98d, lOOh 

Auctions — 

Sale of county property at 415 

Auditor — 

See county auditor. 

Board to administer oaths 1 



B 

Bailiff — 

Duties of bailiff of commissioners' court 47 

Of commissioners' court — Compensation of 47 

Beneficial institutions — 

County institutions, see orphans' home; board of children's 
guardians; county insane asylum. 

State institutions, see blind institute; deaf and dumb insti- 
tute; insane asylum; epileptic institution; school for 
feeble-minded youths. 

Bidders — 

For public contract to furnish bonds 411g 

Bids — 

Collusion works forfeiture of contract 187 

Endorsed by county auditor as "accepted" or "rejected". . . . 192 

For public undertaking accompanied by bond 192 

Meeting for receiving bids shall be open 430a 

Opening bids for public buildings or bridges 411c 

In county commissioners' room 192 

Rejection of bid because of collusion 187 

To be accompanied by non-collusion affidavits 187 

Blind institute — 

County pays funeral expenses of pupils 50 

Expense of pupils — Liability for 49 

Boards — 

See county commissioners; 
Board of visitors; 
Miners' examining board. 

Board of children's guardians — 

Agents and assistants 64 

Consists of six members 64 

Duties of 64 

Expenses of institution 64 

No official fees chargeable against board 65a 

Providing suitable house 64 

Board of commissioners — 

See county commissioners. 



Board of County Commissioners. 227 

Board of county charities — Section 

Appropriation by county for expenses , 125 

Duties of 125 

Board of finance — 

See county board of finance. 
Board of state charities — 

Duty to find homes for orphans and dependent children. ... 63 

Has general supervision of county jails 365 

Report of condition of jails 365 

Board of visitors — 

Appointment by county commissioners , 146 

Compensation of 147 

Of home for poor children 154 

Bond — 

See appeal bond. 

Actions on official bonds brought in name of state on rela- 
tion of interested party 8 3a 

Amount of official bond of clerk fixed by county commis- 
sioners , 9 

Bid for county bonds accompanied by certified check 192 

Certain county bonds exempt from execution 262 

County auditor approves official bond of county assessor. ... 88 
County bonds delivered to county treasurer when executed. . 191 

For construction of drains — How^ paid 218b 

Issued by county commissioners, attested by auditor 191 

Duty of county commissioners to examine official bonds. ... 89 

For costs in highway proceedings 295 

For erection of court house 423 

For jail in Marion county , 367 

For public hospital 334 

For purchase of toll road , 498 

Highway improvement bonds — How payable 306g 

Issuance of additional bonds on account of free gravel road. 319c 

Issuance of county bonds authorized by county council 188 

For change in stream 48 2 j 

For construction of drain 218b 

Issuance of gravel road bonds by county commissioners — 

When void 318a 

Legalization of certain county bonds 263 

Legalizing county bonds irregularly issued 82 

Levee bonds — Interest 385 

Of assistant highway superintendents 209a 

Of bidders for public improvements 411g 

Of contractor for public work 192 

Of coroner — Approval by county commissioners 174 

Of county auditor . 40 

Of engineer of free gravel roads 317a 

Of inspector of weights and measures 525 

Of licensee to sell intoxicating liquors 361g 



228 Board of County Commissioners. 

Bond — Cotinued. Section 

Of superintendent of construction of free gravel roads .... 317a 

Of county asylum 144 

Of highway on state line 327 

Official bonds — Approval of , 85 

Payable to state 86 

Publication of notice of sale of county bonds for improve- 
ment of highway . ., 264 

Reference by county bonds to ordinance authorizing their 

issuance ,191 

Re-issue of free gravel road bonds 266 

Sale of county bonds — Duty of county auditor 191 

For construction of drain 218b 

— Forfeiture of certified check 192 

— Forms for bidders 192 

— Sealed proposals 191 

Surety company signing as surety 83b 

Under three-mile act — How sold — Maturity 312 

Bounties — 

For crows' heads and eggs 94 

For owls, hawks and woodchucks 92 

For scalps of foxes and wolves 91 

On silk raised in county 93 

Boys' school — 

Claim against county for portion of expense 342 

Portion of expense of state school paid by county 339, 340 

When county not liable for portion of expense 340 

Bribery — 

In election — Penalty 97, 235 

Of officer — Penalty ; 95 

Bridge companies — 

Consent of county commissioners for erection of bridge. . . . 113 

Incorporation of 113 

Bridges — 

See bridge companies; 

Toll bridges. 
Abandonment of bridge by bridge company — Controlled by 

county commissioners 107 

Appropriation by county commissioners for bridge.lOlb, 102, 110 

Construction over drains 220a 

Contract for construction of — Survey and plans 411a 

County — Surveys and estimates 100a, 110 

County commissioners to determine kind of bridge to be 

erected on township and county line 10 Oh 

To keep county bridge in repair 105 

Donations for erection and repair of . . 102 

Duty of county commissioners to require all bridges to be 

kept in repair 108 



Board of County Commissioners. 229 

Bridges — Continued. Section 

Election expenses for township bridge on county line 9 9e 

Erected by county commissioners within city or town 

limits : 106, 109 

Erection or repair by county commissioners 112 

By township trustee 112 

Erection, repair or purchase of bridge on county line 98a 

Legal speed of travel over bridge — Penalty 10 5, 108 

Levy for bridge established on township line. lOOe, lOOf 

For township bridge on county line 99d 

Notice of election for establishment of bridge on township 

line 100c 

To be posted at each end of bridge 105 

On county line — Appropriations for and apportionment of 

cost 98d 

—Collection of costs , 98d 

— County proceeding alone 98b 

— Joining with another county 98a, 98b 

— Joint proceedings by boards of commissioners 9 8e 

— Plans and specifications 98a 

— Proceedings for erection, repair or purchase 110 

On state line — Public aid 104 

On township and county line — Appointment of superintend- 
ent of erection lOOj, 110 

— Appropriation by county commissioners lOOg 

— Certifying results of election to auditor of adjoining 

county , lOOf 

— Ownership of 10 Ok 

— Procedure when parties cannot agree . . .lOOi 

— Repair of 10 0k 

— Surveys, plans and specifications 10 Oh 

On township line — election as to 10 0b 

— Petition for 100a 

Ownership of joint county bridge, . ., 98f, 110 

Regulation of use of joint county bridge 98f, 110 

Right to charge tolls 103, 107 

Superintendent of erection and repair of bridge on county 

line 98c 

Survey, profile, plans, advertisement for bids 411b 

Township bridge on county line — Aid by county commission- 
ers 9 9f 

— By whom contract let 99j 

— County commissioners may advance money to erect. ... 99h 

— Election 99b 

— Election — Duty of county auditor 991 

— Petition for 99a 

— Sixty per cent, vote to authorize 99d 

— Withholding levy until contract is let 99g 

When must be built and repaired by township. . Ill 



230 Board of County Commissioners. 

Buildings — Section 

Condemnation of land for public buildings 425 

Construction of public buildings by county commissioners .. 411c 

Burial — 

Of poor children , . 155 

Of poor persons 130 

Of soldiers, sailors or their wives or widows 113a 

c 

Canals — 

Consent of county commissioners to construction of 114 

Public aid to construction and repair of 115 

Cemeteries — 

Care by township trustee of abondoned cemeteries 122 

Combining contiguous cemeteries 123 

Conveying to city or town — Publication of notice 121 

Donations and legacies to be held in trust for 123a 

Expenditure of cemetery trust fund by county commissioners. 123a 

Fees chargeable in loan of trust funds 12 3b 

Highway through cemetery prohibited 118, 119 

Incorporation of cemetery associations 116, 117 

Land deeded to county commissioners in trust for cemetery. 120 
Streets through, prohibited . . ., 119 

Certificate — 

Accompanying claim under a contract 190 

Of completion of work of cleaning or repairing drain or 

ditch 532hh 

Of county auditor accompanying claims 190 

Charities — 

See board of state charities. 

Board of county charities — Appointment of members — Duties 125 

Contract by county commissioners with charitable institutions 

for care and maintenance of poor. ....,,. 130 

Children — 

See colored orphans; 
Dependent children; 
Foundlings; 

Homes for poor children. 
Provision by county commissioners of Marion county for 

foundlings 70 

Cities'— 

Aid in highway improvement terminating within city 3061 

Authorized by county commissioners to use county land as 

park 433 

Erection of bridges within city limits 106, 109 

Joining with county in construction and maintenance of pub- 
lic hall and market house 429 

Reimbursement for money advanced for flood prevention. . .2 67f 



Board of County Commissioners, f 231 

Claims — Section 

Against county — Allowance by county commissioners, . .160, 161 

Cannot be submitted to arbitration 37 

— Examination of, by county commissioners. 161 

— How presented 158 

— Must be itemized and verified 162, 189 

— Time of filing and allowance 162 

— Verification of 159, 162 

Appeal from rejected claim 30 

Approval by county commissioners , 189 

Certificate of auditor 189 

County commissioners to furnish blank forms for 159 

For damages for change in highway along caving bank of 

stream 275 

Portion of expense for boys' school and girls' school 342 

Services or things voluntarily furnished 32 

Work performed under supervision of surveyor or archi- 
tect — Certificate 190 

Penalty for filing false claim 169 

For illegal allo^vance of claim against county 168 

Time of allowance 2 5 

When auditor may issue warrants without appropriation be- 
ing first made by county council .. 163, 164, 165, 166, 167 
Clerk — 

See county clerk. 

Of board of county commissioners . 45, 46 

Clerk ot the coui't — 

See county clerk. 
Clothing- 
Provided for children admitted to school for feeble-minded 55 
Coal ininiiig — 

See miners' examining board. 
Coliseum — 

Board of coliseum directors 171 

Condition upon which county will join in erection of 171 

Construction by county commissioners 14 

Erection of coliseum and memorial buildings by counties.. 171 
Collusion — 

Non-collusion affidavit 41 Ig 

Works forfeiture of contract , 187 

Colored children- 
See orphans' homes — Colored. 
Colored orphans — 

Allowance for keep of 72 

Commission — 

Employment and compensation on commission basis 2 5 

Commissioner — 

Appointment, qualifications and term of office of drainage 

commissioner 218a 



232 BoAKD OF County Commissioneks. 

Compensation — Section 

For publication of court allowances 24 

Of persons employed in change in stream 4821 

Of registration officers 2 2 5b 

Of viewers, reviewers, survej^or, etc., in relocation of high- 
way 281 

On percentage basis 25 

Condeiunation — 

Of land for public buildings 425 

— Deed to county 427 

—Payment for 426 

Of land for public hospital 334 

For Toledo-Chicago water-way 531 

Contagions diseases — 

Among domestic animals 529 

Conteiopt — 

Board of county commissioners to punish for 1 

Contest — 

Duties of county commissioners in contest of election 238 

Of election — How tried 236 

— Procedure in 236, 237 

Contractors — 

Bond of 192 

Liability of public contractor for labor, material and board 413 
Withholding payment to public contractor 260a 

Contracts — 

See public works. 

Appropriation must first be made by county council .. 193, 195 

Bids for public works 430a 

By successful bidder 192 

Collusion works forfeiture of 187 

Corrupt proceedings to procure from county commissioners 9 6 
County commissioners withholding full settlement with pub- 
lic contractor 414 

For construction of bridge or public building 411a 

For county supplies for year 207 

For court house .417, 418 

For custody and maintenance of orphans 59, 60 

For public improvements — How and when let 411f 

— Refusal to accept work 4 lie 

For public works — How let 4 30b, 430c 

Liability of public contractor for labor, material and board. . 413 
Officers prohibited from having interest in public contracts — 

Penalty : 412 

Payment of laborers, material men and sub-contractors by 

county commissioners 414 

Penalty for making contrary to law 416 

To clean or repair drain 5 32p 

Withholding clause in contract for public work .260b 



Board of County Commissioners. 233 

Convicts — Section 

See prisoners. 

Employment by county commissioners on highways 2 82 

Payment of expense of guarding 270 

Working on highways and streets 270 

Coroner — 

Allowance for inquest by physician 175 

Appointment of — Approval by county commissioners 174 

Coroner's juries abolished 175 

Corporations — 

See bridge companies. 

Cemetery associations. 

Toll roads. 
To improve highway 323c 

Costs — 

Auditor to issue fee bills. . ., 240 

Bonds for, in highway proceedings 295 

County chargeable with court costs in connection with board 

of children's guardians 65a 

In proceeding to clean or repair drain. . 532o 

Liability of county for 176 

Of appeal from rejected claims 3 

Of election contests 238 

Of hearing as to completion of free gravel road 319b 

Of publication of notice of letting franchise 431 

Of proceeding for change in stream 4 8 2h 

Of proceedings to establish gravel road on county line with 

deviations 3 2 2g 

Of review in highway proceeding 293 

Of sale of county bonds for construction of drain . 218b 

Of second review in free gravel road proceedings 31 Oh 

Review of damages for land taken as highway 277 

When payable by petitioners for change in highway 280 

By remonstrators 290 

By remonstrators in highway proceeding 3 6c 

When taxed to petitioners for free gravel road 267b 

Counties — 

Areas of the various counties 177 

County — 

Chargeable with court costs in connection with board of chil- 
dren's guardians 65a 

Claim against adjoining county for share of cost of bridge on 

township and county line lOOh, lOOi 

Claims against — How presented 158 

To be itemized and verified 189 

Claims for portion of expense for boys' school and girls' 

school 342 

Dividing into legislative districts 530 

Division into three commissioner districts. . 78 



234 Board of County Commissioners. 

County — Continued. Section 

Duty to establisli and maintain asylum for poor 130 

Erection of coliseums and memorial buildings 171 

Joining in establishment and maintenance of hospital 336 

Joining in purchase of orphans' home 7 3, 74 

Joining with cities in construction and maintenance of public 

hall and markethouse 429 

Liability for costs , 17 6 

Liability for forty-five per cent, of the cost of flood preven- 
tion in Indianapolis ,. . . 2 67e 

For Indiana university "permanent endowment fund". . . . 346 

For interest on school fund 449 

For poor children — When ceases 157 

Liable for funeral expenses of pupils in benevolent institu- 
tions 50 

Loan of school funds to county 453, 454 

Loan otherwise than by sale of bonds — Procedure 191 

Payment of expense of school fund loan 455 

Pays portion of expense of state boys' school 339, 340 

Penalty for discounting county obligation 216 

Population of the various counties 178 

Property of in cities and towns subject to municipal assess- 
ments 401 

Purchase and sale of real estate 203 

Purchase of supplies for 206, 207 

Reimbursement for advances made for levee .386j 

For advance payment on free gravel road 267b 

For money advanced for flood prevention 2 67f 

Relinquishment of trust 444 

Supplies purchased only upon requisition of officer for whom 

purchased 207 

To bear expense of attendant of pupil to and from school for 

feeble-minded 5 6 

To furnish clothing for inmates of insane hospital 51, 52 

When liable for cost of treatment at tuberculosis hospital. . 58 

For expenses of inmates of epileptic institutions 57 

For portion of expense for state girls' school 341 

County assessor — 

Official bond 38 

Approved by county auditor 88 

Term of office 38 

Vacancy in office, how filled 38 

County asylum— 

See poor asylum. 

Duty of county to establish and maintain 130 

County Auditor — 

Annual report as to condition of school fund 449 

As to school funds 461 

Approves bond of county assessor 88 

Of county superintendent 88 



BoAKD OF County Commissioners. 235 

County xluditor — Continued. Section 

Authority to inspect books, papers and accounts of trustees. 4 63b 

Bond of , 40 

Books examined and audited by county commissioners 2 39 

Cannot act as attorney before board of commissioners 44 

Casting deciding vote when tie at joint meetings of county 

boards 322o 

Certifying result of election as to bridge on township line to 
auditor of adjoining county when township line is also 

county line -. . . . lOOf 

Clerk of county council , 4 3 

Collecting rents on leased land — Payment to treasurer 459 

Compensation as secretary of county board of finance.... 25 6 

Custodian of all books and papers of board 42 

Duties concerning election of township bridge on county line 99c 

Duties of auditor in contest of election 237 

Duty in gravel road proceedings 317b 

On establishment of ferry on county line ,.. 254 

Duty to attend meetings of county commissioners and act 

as clerk of board 39, 42 

Duty to deliver transcript and appeal bond to clerk of court 34 

Duty to keep records of county affairs ,. . 41 

Duty to loan cemetery trust funds 12 3a 

Duty to record returns of election for establishment of bridge 

on township line lOOd 

Duty when records of county are partially or totally de- 
stroyed 443a 

Ex-ofRcio director of coliseum board 171 

Giving notice of election as to coliseum or memorial building 171 
Issuance of warrant for payment of judgment against county 375 

Issues license to sell intoxicating liquors 361h 

Loans Indiana university "permanent endowment fund". . . . 346 

Ma.kes transcript of appeal 34 

May call special session of board 466 

Notice given on report of survey of drains 220 

Notice of petition for highway improvement 310a, 310c 

Notice of placing of drain assessments in hands of county 

treasurer 218b 

Notice of sale of countj^ bonds 191 

Official bond approved by county commissioners . 88 

Penalty for overdraft ..183,184 

Prepare form of requisition , 207 

Publication of allowances — Time of 6 

Of court allowances , 24 

Of notices of reports by 3 

Of unpaid allowances 2 6 

Release of highway assessments on payment 306i 

Report to, by state board of charities of allowances for charity 133 

Sale of bonds for construction of drain 218b 

Secretary of county board of finance ,.,.,.., 43 



236 Board of County Commissioners. 

County Auditor — Continued. Section 

To certify appointment made by county commissioners 35 

To furnish all election supplies 229 

To give notice of election for establishment of bridge on 

township line , 100c 

To issue fee bills for costs in commissioners' court 240 

To keep accounts of appropriations by county council 183 

To keep "county workhouse account". .527g 

To notify auditor of other county of election in township as 

to bridge on county line 99i 

To record all proceedings of county commissioners 41 

When duty to issue warrant for judgment 261 

When hot liable for issuance of warrant 181 

When warrant may be drawn on treasury 190 

May be issued without appropriation being first made by 

county council 163, 164, 165, 166, 167 

County board of finance- 
County auditor clerk of 43, 256 

Designating depositories 257 

Duties of board 256 

Members of board 256 

When composed of county commissioners 256 

County bonds — 
See bonds. 

Certain bonds exempt from execution 262 

For construction of drain 218b 

For construction of drain — How paid 218b 

For construction of drain — Sale of 218b 

Legalization of certain county bonds 263 

Publication of notice of sale of bonds for improvement of 

highway 264 

Sale by county treasurer . 264 

County Clerk — 

County commissioners fix amount of official bond 90 

Duty to issue certificates of election 124 

Duty to procure clothing for youth admitted to school for 

feeble-minded 55 

County Commissioners— 

See county board of finance. 

A corporate body 81 

Acceptance of work in cleaning or repairing drain 532s 

Acting on report of drainage commissioner 218b 

Acting on report of grand jury as to workhouse 527h 

Action as to annexation of territory to town 506b 

Action to recover for land sold 209b 

Advancing payment for township in aid of railroads — Re- 
fund .436f, 436g 

Aid to poor persons of county 131 

All meetings of board to be public 408 



Board of County Commissioners. 237 

County Conunissioners — Continued. Section 

Allowance for advertising 4 

For inquest by physician 175 

For treatment of cripples * 128 

Of bill for supplies furnished poor asylum 179e 

Of claim against county 16 0, 161 

Of compensation to justice of the peace for making returns 

to auditor 52 3 

Of expenses of farmers' institutes 21 

To custodial institution for keep of orphans or defective 

children 71 

To interstate agricultural society 18 

To paupers not in county asylum 127 

— When unlawful 247 

Annual settlement by township trustees 137 

With county treasurer 469 

With treasurer not conclusive 470 

Annual statement of receipts and disbursements for the pre- 
ceding year 186 

— Posting and publishing 186 

Appeal from rejected claims 30 

Appeal to, by poor person who is denied relief by township 

trustee 135 

Appointing two students from county to Purdue univer- 
sity 434a, 434b 

Appointment of board of visitors of county asylum 146 

Of clerk of board when auditor, or his deputy, is unable to 

attend meetings 4 6 

Of commissioner to collect evidence of lost or destroyed 

records — Removal of 44 3d 

Of county highway superintendent . .20 9a 

Of election inspectors 228 

Of engineer for change in stream • 4 8 2f 

Of highway construction superintendent 3 6d 

Of inspector for public work 411h 

Of inspector of weights and measures . 525 

Of matron for children in poor asylum 148 

Of second matron for poor children in county asylum. ... 151 

Of special county commissioners 476 

Of the justices of the peace in incorporated towns 37 7 

Made by, to be certified by county auditor 35 

Appropriation for board of children's guardians 64 

For bounties 91, 92, 93, 94 

For bridge on township and county line lOOg 

For historical society 33 2a 

F'or home of indigent old women 12 9 

For memorial hall 39 9d 

For removal of obstructions from navigable stream 481 

Approval of application for admission to school for feeble- 
minded youths 54 



238 Board of County Commissioners. 

County Commissioners — Continued. Section 

Of claims against county 189 

Of county auditor's bond 88 

Of county recorder's bond 441 

Of official bonds of county officers 87 

As to sessions 248 

Authority to declare streams navigable 479a, 483a 

To grant liquor license 359 

To inspect books, papers and accounts of trustees 463b 

To purchase supplies for county. 206, 207 

Authorized to erect soldiers' home 34 3 

Authorizing use of fair grounds for park purposes 10, 12 

Bailiff of commissioners' court 47 

Board acts under the corporate name, "Board of Commission- 
ers of the County of " 81 

Board to administer oaths 1 

To construct and maintain public hall 428 

To employ architect for court house 423 

To punish for contempt 1 

Business which may be transacted at special session 466 

Bay all road and bridge material, tools and machinery 209a 

Cannot pay premium on bond of surety company 83b 

Cannot submit claim to arbitration 37 

Certificate of election 80 

Change in commissioners' districts 78 

Condemnation of land for public buildings 425 

Consent to construction of canal 114 

Of dam across stream , 211b 

Constructing tunnel under stream. . 520 

Construction of coliseum 14 

Contract for construction of bridge — Survey and plans 411a 

For construction of public buildings 411a 

For custody and maintenance of orphans 59 

With charitable institution for care and maintenance of 

poor 130 

With city for able-bodied prisoners 5271 

With guardian for keep of insane person 67 

With physician to attend prisoners and paupers in county 

asylum 126 

Conveyance of public hall to city 432 

Copies of proceedings signed and sealed by auditor are ad- 
missible in evidence 407 

Correcting books and accounts of school trustees 463d 

County auditor acts as clerk of board 39, 42 

Discretion in ordering or refusing to order free gravel road. .319f 

; Dismissal of petitions for free gravel roads 267a 

Dividing counties into legislative districts 530 

Division of county into districts 78 

Into councilmanic districts 194 

Division on question when only two members present 217 



Board of County Commissioners. 239 

County Comniissioners — Continued. ' Section 

Donations to agricultural society 19 

To forestry association 2 3 

Duties as to ditches and drains 5 32a. 

As to Toledo-Chicago water-way 531 

In sales of school lands 451 

Of board in contest of election 237 

To inspect poor asylum 17 9a 

Duty as to extermination of rats 440 

As to memorial hall in cities of second class 39 9e 

As to records partially or totally destroyed 443b 

In forming civil townships , 450 

In passing upon application for admission to school for 

feeble-minded youths 5 5 

Of board to appoint board of visitors for home for poor 

children 154 

To bind out orphans 69 

To divide township into voting precincts 226 

To establish and maintain poor asylum 140 

To examine all official bonds 8 9 

To examine and audit books of county auditor and county 

treasurer 239 

To examine claims against county 161 

To examine records and fee books 245 

To insert withholding clause in contracts for public work. 2 60b 

To inspect county asylum 144 

To provide home for poor children 155 

To visit jail 365 

When grand jury condemns jail 3 64 

When sufficient funds have been raised for memorial hall. 399c 

Election of — Number 7 7 

Employment of physician to attend poor 523 

Endorsement of approval of official bonds 87 

• Enforcement of orders made by the board 1 

Erecting and furnishing court house, jail and offices, and 

keeping in repair 419 

Erection and repair of bridges and culverts 112 

Erection, repair or purchase of bridge on county line 9 8a 

Establishing ferries 252-254 

Establishment and maintenance of jail 3 62 

Establishment of county bridge 100a, 110 

Examination of school funds — Deficits replaced 4 62a 

Exempting from payment of poll tax 492 

Ex-officio directors of coliseum board 171 

Expense of donations for agricultural schools 22 

Of donations for soldiers' monuments 475 

Extra allowances forbidden 25 

Extra pay to county commissioners forbidden 242 

Filling vacancy in county and township offices 522 

In office of assessor 38 



240 BoAKD OF County Commissioners. 

County Commissioners — Continued. Section 

In office of commissioner . 77 

In office of justice of the peace 377 

In office of township trustee 510 

Fix amount of official bond of clerk 90 

Of surveyor's bond 486b 

Fixing number of justices of the peace in each township. ... 380 
Furnishing public offices for sheriffs and county superintend- 
ents 420 

Giving aid to construction and repair of canals 115 

Granting aid to colored orphan's homes 68 

To township bridge on county line 99f 

Granting permission to transfer property from civil to school 

township 508a 

Granting railroad right-of-way on county road 439 

Have no power to fix rate of taxation 208 

Have rights, duties and powers of corporations 81 

Hearing of drainage proceedings 220 

Hiring prisoners to city 527f 

Incorporating cemetery associations 116 

Inspection of home for friendless women 333b 

Issuance of gravel road bonds — When void .318a 

Items of board's estimate to council for ensuing year 197 

Joint proceedings as to improvement on county line 308b 

For erection, etc., of bridge on county line 98e 

Jurisdiction over construction of drain 218b 

Over proceeding for cleaning, repairing or betterment of 

drain 532e, 532x 

Land to agricultural society — Loan — Lien 15, 16, 17 

Leasing portion of court house 383 

Letting contract for court house 417, 418 

Letting franchise-^Notice of 4 31 

Levy for gravel road fund 209a 

Of tax for bridge on township line. lOOe, lOOf 

Of tax to establish county poor asylum 142 

Local administrative character conferred by legislature. ... 172 

Making changes in precincts 227 

May advance money to erect township bridge on county line 99h 

May be held liable for nuisance 404 

May purchase fair grounds 8 

Must reside in county 173 

Notice of special session 467 

Oath of office 80 

Filed with clerk of the circuit court 84 

Of appointees of board 84 

Opening bids for public bridges or buildings 411c 

Order declaring town incorporated 505a 

For change in stream 4 82e 

For copying and preserving mutilated or decayed records 402 



Board of County Commissioners. 241 

County Commissioners — Continued, Section 

Ordering change in liighway 278 

Combination of contiguous cemeteries 123 

Election as to aid by township to railroad 436b 

Election as to sanitary district 44 8c 

Election for establishment of bridge on township line. . . .100b 
Land mortgaged to school fund to be sold when loan has 

been paid by county 4 60a 

Local option election 359 

Orders as to county workhouse and prisoners 527e 

Organization of board 77 

Paying money for relief of poor 523 

Payment for land condemned for public buildings 426 

For supplies furnished county 206, 207 

Of claims of laborers, material men and sub-contractors on 

public work 414 

Of fees of engineer, surveyor and viewers when appropria- 
tion therefor 259 

Penalty for corrupt proceedings 96 

For illegal allowances 244 

For making contract contrary to law 416 

For receiving article of value or compensation in violation 

of law 244 

Petition for erection of coliseum or memorial building 171 

Place of holding meetings 408 

Plans and specifications for public works 202 

Power to change course of stream 482a 

To rescind or set aside proceedings 217 

Powers and duties in general 410 

Powers in highway proceedings 305 

Preparation of itemized estimate of expenditures for ensuing 

year — Certificates 196 

Privileged from arrest 7b 

Procedure on petition to declare stream navigable 4 79b 

Proceeding for refund of taxes erroneously assessed and col- 
lected 491 

Procuring books for subscriptions and donations for memo- 
rial hall 399a 

Plans and specifications for court house 423 

Prohibited from making allowance for voluntary service. ... 523 

Prosecute and defend suits in corporate name 81 

Providing for medical attention and buriar of poor children 155 

School books for poor children 155 

Supplies for office of inspector of weights and measures. . 5 25 

Provision for keeping highway in repair 3 6h 

Publication of allowances made by 24 

Of legal notices, reports and statements 201 

Of notice of reception of bids for public work 202 

Purchase of orphans' home 73, 74 

Of road machinery and tools 268b 

16—4842 



242 Board of County Commissioners. 

County Coimnissloners — Continued. Section 

Of suitable building for matron and poor children 150 

Of supplies upon written requisition of officer for whom 

purchased 207 

Quorum 77 

Receiving bids for county supplies 207 

Record of proceedings kept by auditor 41 

Recovery of money illegally paid out of county treasury. . . 204 
Regulating the placing on highways of poles of telephone 

companies 493, 494 

Regulation of animals running at large 27 

Relinquishment of trust by county 444 

Removal of county treasurer from office 515 

Of trustee for fraud 463d, 

Replacing deficits in sales of school land 452 

Report as to school fund— Record of — Copy to state auditor. 4 6 2c 

Review of unpaid allowances at March session 2 6 

Right to lease land mortgaged to school fund where county 

has paid loan 459 

To visit county workhouse 527 j 

Rules for conduct of business in commissioners' court 447 

Salary payable quarterly 243 

Sale of county poor asylum 145 

Of county property 415 

Of court houses 210 

Of fair grounds 9 

Of fair grounds used as park 13a, 14 

Of land used by city as park 433 

Seal of 407 

Sessions of board 205 

Settlement with overseers of poor 138 

Sheriff or deputy is bailiff of board 471 

Special session governed by existing laws. 468 

Special session of — How called 465 

Submitting to voters question of erection of court house. . . 421 

Subscribing for railroad stock on behalf of township 436e 

Subscription for and preservation of copies of newspapers 

published in county 403 

Suing in corporate name 209b 

Supplying county officers with, printed blanks and stationery 76 

Term of office 77, 79 

To designate voting places 2 2 6, 2 6 6a 

To determine kind of bridge to be erected on township and 

county line 10 Oh 

To furnish blank forms for claims 159 

To furnish office, stationery and records for county super- 
intendent 484 

To keep county bridge in repair 105 

To keep credit and debit account with township trustee as 

overseer of poor 139 



Board of County Commissioners. 243 

County Coinniissioners — -Continued. Section 
To receive and hold in trust donations and legacies for ceme- 
teries 123a 

When appeal lies from decision of 33 

When approached unlawful 3 6 

When duty to bury soldiers and sailors or their wives or 

widows 113a 

When elect health commissioner 27 2 

When fix license fee 396 

When make allowance for county library 388 

When may take evidence of land mortgaged to school fund 456 

Withholding full settlement with public contractor 414 

Payment to public contractor 260a 

County coroner—— 

See coroner. 

County council — 

Annual levy of taxes 188 

Appropriation by 2 00 

For advertising expenses 182 

For payment of judgment against county 198 

For supplies furnished poor asylum 17 9e 

To purchase land for Toledo-Chicago water-way 531 

Auditor is clerk of 4 3 

To keep accounts of appropriations 18 3 

Authorizing loan of school funds to county 453, 454 

County commissioners' estimate of expenses for ensuing year 19 7 

Donations to agricultural society 19 

Emergency appropriation 185 

Establishment of councilmanic districts 194 

Exclusive power to make appropriation to be paid out of 

county treasury — Exceptions 208 

Levy for payment of Toledo-Chicago water-way 531 

Making allowance for cost of treatment of tuberculosis pa- 
tient at hospital 58 

Number of 19 5 

Ordinance authorizing sale of county bonds 191 

For purchase or sale of real estate 203 

Of council authorizing issuance of bonds 188 

Power to borrow money 188 

To fix uniform rate of taxation 208 

Recovery of money illegally paid out of county treasury. ... 204 
W^lien appropriation by council a prerequisite to payment out 

of the county treasury 180 

Not a prerequisite to payment out of county treasury. ... 180 

County highway superintendent — 

Appointment and removal of assistants 2 9a 

By county commissioner 20 9a 

Bond of 209a 

Of assistant superintendents 209a, 



244 Board of County Commissioners. 

County highway superintendent — Continued. Section 

Compensation of 209a 

Duties of assistant superintendents 209a 

Duty to meet with county commissioners and advise with 

them 209a 

Estimate of annual cost of repairs of liighways, bridges and 

culverts and office expenses 209a 

Filling vacancy in office of 2 09a 

Monthl}^ report of work done by 209a 

Payment for labor and teams in repair work 209a 

Powers of assistant superintendents 209a 

Removal by county commissioners 209a 

Report of assistant superintendents 209a 

Report of monies expended. . 209a 

Right to confiscate property for repair work 2 9a 

Term of office. 20 9a 

When county surveyor eligible as 209a 

County insane asyhim — 

Institution for incurables . 65b 

County libraries — - 

See libraries. 

County officers — 

Must keep offices at court house 405 

Supplying with printed blanks and stationery 76 

When term of office begins 48 

County recorder — 

Must keep office at county seat 442 

Official bond — Amount — Approval. 441 

When to subscribe for and preserve copies of newspapers 

published in county 4 03 

County seats — 

Location of 209b 

Recovery for land sold by county commissioners 209b 

County superintendent — 

Additional compensation in certain cases 484 

Assistant superintendent may be authorized by county com- 
missioners 485b 

Authority to inspect books, papers and accounts of trustees. .463b 

Compensation of assistant superintendent 4 85b 

Furnished with public office by county commissioners. . .420, 484 

Official bond approved by county auditor 88 

Stationery and records furnished by county commissioners. . 484 
Traveling expenses 485a 

County supplies — 

County commissioners receiving bids for 207 

County surveyor — 

See surveyor. 

When eligible as county highway superintendent 209a 



BoAKD OF County Commissioners. 245 

County treasurer — Section 

Annual report as to school funds 461 

Annual settlement with county commissioners 469 

With county commissioners not conclusive 470 

Bond of, how executed, approval of 512 

Books audited and examined by county commissioners 239 

Depositing money with designated depositories 257 

Duty to make settlement with county commissioners 516 

Monthly report to county auditor of collections and disburse- 
ments 518 

Penalty for failure to keep office in fire proof building 514 

Place of keeping office 513 

Publication of notices of report by 3 

Removal from office by county commissioners. . 515 

Temporary offices in certain towns for collection of taxes. . . 517 

To keep "county workhouse account" 52 7g 

County veterinarian — 

Aided by sheriffs and constables in enforcement of rules. . . 529 

Appointment of by county commissioners 529 

Making monthly statement to county auditor 529 

Qualifications and duties of 529 

Removal by county commissioners 529 

Salary of 529 

County warrants — 

Exemption of county auditor from liability for 181 

Issuance for payment of judgment against county 375 

Penalty for issuance of warrants beyond appropriation 199 

For issuing in violation of law 524 

When duty of auditor to issue for payment of judgment. ... 261 

When must not be issued 524 

Court house — 

Bids for erection of 423 

Bonds for erection of 4 23 

Condemnation of land for court house or other public build- 
ings 425 

Election as to — Vote by ballot 422 

Erection and furnishing of court house, jail and offices 419 

Leasing portion of 383 

Letting contract for 417 

Limit of expenditures for 422 

Petition for erection of — Election 421 

Sale by county commissioners 210 

"The court house construction board" 424 

Courts — 

Bailiff of commissioners' court 47 

Publication of allowances made by 24 

Creeks — 

See streams. 



246 Board of County Commissioners. 

Cripples — ' Section 

Allowances for treatment of 128 

Crows — 

Bounty for heads and eggs 94 

Culverts — 

Erection or repair of 112 

Custodial iustitutionsr^ — 

Allowance to, by county commissioners for keep of orphans 

or defective children 71 



D 

Damages — 

For land taken on relocation of highway along caving bank 

of stream 277 

Incident to construction of dam across stream. . 211b 

Resulting from free gravel road proceedings 31 Oh 

Time of payment of damages in highway proceedings 294 

To remonstrators — By whom paid 290 

Darns — 

Consent of county commissioners for construction of dam 

across stream 211b 

Construction by corporation in aid of navigation 211a 

Damages incident to construction of dam across stream 211b 

Penalty for injury to 212 

Deaf and dumb institute — 

County pays funeral expenses of pupils 50 

Expenses of pupils — Liability for. . . ' 49 

Death penalty — 

By electrocution 213a 

Deeds — 

Conveyance to county — Land for public building 427 

Made in aid of or to defeat petition for cleaning, repairing 
or betterment of drain, and not in good faith and for 
valuable consideration 532f 

Delinquent tax — 

Legal rate for publication 4 

Delinquent tax list^ — 

Publication of 4 

Dependent childien — 

Education of 4 64 

Depositories — 

Banks and trust companies eligible as 258c 

How selected 2 5 8a 

Na.med by county board of finance 257, 258a 

Proposals by banks and trust companies 258b 

Rate of interest payable for deposits 258c, 258d 

Required to give security ,258a, 2584 



BoAED OF County Commissioners. 247 

DetectJAe association — Section 

See horse thief detective association. 

Discount — 

Penalty for discounting county obligation 216 

Diseases — 

See contagious diseases. 

Disfranchisement — 

For bribery or corrupt proceedings 95, 96, 97 

Disinfecting^— 

Death from tuberculosis 271a 

Dissmissal — 

Of petitions for free gravel roads 267a 

Districts — 

Change in commissioners' districts 78 

Docks — 

See levees. 

Domestic animals — 

See animals. 
Donations — 

By county commissioners to forestry association 23 

For soldiers' monuments 475 

In aid of agricultural schools 2 2 

To agricultural society by county council and county com- 
missioners 19, 20 

Drainage — 

Amendment of petition for cleaning, repairing and better- 
ment of drain 532f 

Appeal from commissioners to circuit court 220 

Application for premium on bonds sold for construction of 

drains 218b 

To county commissioners instead of circuit court 220 

Appointment of commissioner of drainage 218a 

Of overseer of drains — Duties of 53 2x 

Assessments of benefits for cleaning or repairing drain 

entered on tax duplicate 5 3 2t 

In cleaning or repair of main line ditch or drain — Appor- 
tionment of ■ 5 321, 532m 

Assessments payable as other taxes 218b 

Blind ditch — Credit in assessments 532ee 

Bond of drainage commissioner 218a 

Certificate of completion of work of cleaning or repairing 

drain or ditch 5 3 2hh 

Compensation of overseer of drains 532x 

Conditions for emergency fund 532gg 

Constructing ditch into, through or near lake. 38 2 

Construction and repair of drains 220 

Construction of bridges over drains 220a 



248 BoAED OF County Commissioners. 

Drainage — Continued. Section 

County clerk performs duties of auditor when proceedings 

are in court instead of before county commissioners. . .532b 

County surveyor acts as drainage commissioner 489 

Deeds made in aid of or to defeat petition for cleaning, re- 
pairing and betterment of drain, and not in good faith 

and for valuable consideration 532f 

Disposal of earth removed from drain in cleaning or repair- 
ing 532q 

Division of assessments on division of land assessed 532ff 

Drainage commissioner certifying cost of drain to county 

commissioners 218b 

Duty of county commissioners to levy maintenance tax 532w 

When petition for cleaning, repairing and betterment of 

drain is by one-fourth of resident landowners 532h 

Filling vacancy in office of drainage commissioner 218a 

Hearing petition for cleaning, repairing and betterment of 

drain 532f 

Meaning of term "cleaning and repairing" .532cc 

"Ditch or drain" , 532dd 

"Improvement and betterment" 532cc 

Notice by engineer or surveyor to landowners of obstructions 

in ditch or drain 5 32k 

Notice of letting contract to clean or repair drain — Form. .532p 
Report and assessment roll of surveyor in proceeding to 

clean and repair drain — Form 532n 

Objection to petition for cleaning and repairing and better- 
ment of drain 532g 

Partial payment for cleaning or repairing drain or ditch as 

work progresses 532hh 

Payment by county for cleaning or repairing of drain or . 

ditch — Reimbursement 532hh 

Of county bonds for construction of drain 218b 

Of emergency fund in two installments 532u 

Penalty for failure of overseer of drain or landowner to 

remove weeds, shrubs, etc., from drain or ditch 532y 

Petition for emergency fund 5 3 2gg 

For cleaning, repairing or betterment of drain — State- 
ments in 532c 

To county commissioners for cleaning, repair and main- 
tenance of drain 532b 

To court for cleaning, repair and maintenance of drain. .532b 
Placing drainage assessments in hands of county treasurer. .218b 
Procedure in cleaning or repairing drain when sanitary dis- 
trict is made a party 532z 

Proceeding to clean or repair drain — Allotment of work. . .532r 

— Assessments by surveyor 532j 

— Assessments of benefits and damages 532k 

— Bids on whole or part of drain 5 32q 

— Compensation of surveyor. 532bb 



Board of County Commissioners. 249 

Drainage — Continued. ' Section 

— Completion and acceptance of work 532s 

— Effect of appeal 532o 

— Engineer . 532i 

— Hearing exceptions 532o 

— Letting the contract 532p 

— Liability of contractor on bond 532q 

— Monuments at beginning of allotments 532r 

— Performance by allottees. . 532r 

— Personal notice to certain land owners 5 32n 

— Preferences in bids given to land owners 532r 

— Property included 532aa 

— Report of surveyor 532m 

Proceedings when drain crosses state line 219 

When drain extends into two or more counties 218b 

Publication of notice of filing petition for cleaning, repair- 
ing and betterment of drain — Form . . . 532d 

Purpose of emergency fund 532v 

Qualifications of drainage commissioner 218a 

Record of petition for cleaning, repairing or betterment of 

drain , 532e 

Remonstrants against drain have burden of proof 220 

Removal of weeds, shrubs, etc., from drain or ditch 532y 

Repairing, cleaning and maintenance under supervision of 

county commissioners 532a 

Right of petitioner to withdraw name from petition 5 3 2f 

Service of notice on landowners affected by 2 20 

Surveyor ex-officio drainage commissioner 218a 

Term of office of drainage commissioner .218a 

Drainage conmiissioner — 
See drainage. 

Bond of surveyor acting as 489 

Surveyor of county acts as . . . . 48 9 

Drains — 

See drainage. 

Construction of bridges over 220a 

Penalty for injury to 212 

E 

Elections — 

See primary elections. 

Registration. 

Appointment of inspectors 228 

As to aid by township to railroad 4 36a 

As to establishment of bridge on township line 100b 

As to incorporation of town , 503 

As to public aid by township to railroad — Compensation of 

election officers 436 j 

— Publication of notice 43 6c 



250 Board of County Commissioners. 

Elections — Continued. Section 

As to sanitary district 448c 

As to township bridge on county line 99b 

— Duties of county auditor 99c 

— Sixty per cent, vote to authorize 99d 

As to whether county shall join in the erection of coliseum. . 171 

Auditor to furnish all election supplies 229 

Ballot boxes — Construction and color 230 

Booths for voters , 230 

Certificate of election 124 

Change in voting precincts. . , , 233 

Changes in precincts by county commissioners 227 

Chute to election room 232 

Contest — Duties of county commissioners and county auditor 2 38 

Contest tried by county commissioners 236 

Duty of county commissioners to designate place of voting 

226, 226a 

To divide township into voting precincts 226 

Election board — Members of 228 

Election commissioners for court house election ,... 422 

Expenses of court house election 421 

Of election for township bridge on county line 99e 

Filling vacancy in office of inspector 228 

In proceedings under three-mile act 3101, 3101 

Inspector to appoint judges of election 228 

Meals for election officers 232 

Notice of election for establishment of bridge on township 

line 100c 

Number of voters in each precinct 226, 233 

Payment of expenses of election as to sanitary district 448d 

Penalty for bribery in 97,235 

Petition to change, divide or consolidate precincts 226 

Places of holding elections 231 

Procedure in contest 236, 237 

Registration of voters 225a 

Returns of election for establishment of bridge on township 

line lOOd 

Township trustee election inspector 228 

Voting machines — Care and custody of , 233 

— Duty of county commissioners to furnish 233 

Guaranty of 233 

How paid for 234 

— Requirements of 233 

Voting rooms, equipment and arrangement 231 

Electric conipanies — 

Rights, privileges and prohibitions 494 

Electricity — 

As motive power for interurban railroads 354 



BoAED OF County Commissioners. 251 

Electrocution — Section 
Warden's fee for electrocution 213b 

Enibankment — 

Penalty for injury to 212 

Eminent domain — 

Condemnation for materials for roads 2 68a 

Condemnation of land for public buildings 4 25 

— Deed to county 427 

Condemnation of land for public hospital 334 

For Toledo-Chicago water-way 531 

Payment for land condemned for public buildings 426 

Endowment fund — 

Indiana university — County liable for 346 

Engineer — 

Of free gravel road — Duty on completion of road 319b 

Road on township line with deviations 321b 

Under proceeding to clean or repair drain — Oath and bond. .5321 

Epileptic institution — 

Liability for expenses of inmates , 57 

Evidence — 

Admissibility of proceedings of county commissioners 407 

Execution — 

Certain county bonds exempt from 262 

For collection of fine for contempt 1 

Exemption — 

Certain county bonds exempt from execution 262 

From payment of poll tax 492 

F 

Fair grounds — 

Abandonment for park purposes 13a 

Authorizing city to use as park 11, 12 

Construction of coliseum 14 

Conveyance of county lands or property 8 

Proceeds of sale of 14 

Purchase by county commissioners. . ., 8 

Sale by county commissioners 9 

Use as park — Title to land 13 

Use for park purposes 10 

Farmers' institutes — 

Allowance by county commissioners for expenses 21 

Feeble-minded youths- — 

Application for admission to school for must be approved 

by county commissioners 54 

Fee bills — 

County auditor to issue, for costs in commissioners' court. . 24 



252 Board of County Commissioners. 

Fees — Section 

Chargeable in loan of trust funds 123b 

Fees and salai'ies — 

Additional salaries of judges in certain counties 370 

Additional salary of judge cannot be diminished during term 

of office 371 

Allowances for salaries of county officers 248 

Salary of county commissioners — When payable 241, 243 

Salary of county veterinarian 529 

Warden's fee for electrocuting prisoner 213b 

Fences — 

Enclosing under one fence land subject to overiaow 250a 

Land subject to overflow — Appointment of viewers — Report 

250a, 250b 

Assessment by viewers , 250c 

— Compensation of viewers , 250d 

— Order of county commissioners 250b 

— Report of viewers filed with auditor. . 250c 

Lawful fence defined 249 

Removal of, on location of highway 296b 

Right to fence abandoned portion of old roads 328 

Fencing associations — 

How formed 251a 

Petition for enclosure — Viewers 2 51b 

Petition to county commissioners for enclosure 251b 

Ferries — 

Establishment and maintenance of private ferry. . ., 254 

And operation by toll road companies. . 2 69c 

On county line — Duty of county auditor 254 

Interfering with landing of ferry boat — Penalty 480 

License fee 252 

License to operate , 252, 253 

Licensing additional ferries. . 253 

Notice of application for license to operate 252, 253 

On streams dividing counties , 254 

Finance- 
See county board of finance. 

Fire escapes- 
Authority of state bureau of inspection as to 255 

Flood prevention — • 

Allen county — County to advance money for. 267f 

Indianapolis — County liable for forty-five per cent, of cost. .267e 

Forestry association — 

Donations to, by county commissioners 23 

Foundlings — 

Provisions for, by county commissioners 70 

Foxes — 

Bounties for scalps of 91 



Board of County Commissioners. 253 

Franchise — Section 

Franchise act of 1913 356 

Letting by county commissioners — Publication of notice. ... 431 

Protest against letting franchise 431 

Free gi'avel roads — 

See county highway superintendent. 

Act legalizing overdrafts on gravel road funds 209aa 

Amending of petition at hearing 317a 

Amendment of petition for 310d 

Appeal from proceeding under three-mile act 310k 

Appointment of superintendent of construction 317a 

Approval as to completion of road , 319b 

Assessment of damages to infants, idiots, or insane persons 

affected by proceedings 310g, 31 Oh 

Assessments made by engineer and viewers 310g 

Bond of engineer , 317a 

Of superintendent of construction 317a 

Bonds issued under three-mile act 310m 

By assessment 302 

By taxation 30 9a 

Completion of connecting roads 319d 

Condemnation of gravel pits and other materials for road 

purposes ,. . . 268a 

Conditions imposed by three-mile act 310k 

Construction of gravel road or turnpike one mile or less in 

length 307 

Cost of hearing as to completion of road 319b 

County bonds for, exempt from execution 262 

County to make advance payment 2 67b 

Election under three-mile act 310i, 3101, 310m 

Endorsement on petition of day of hearing. 319e 

Extending from street in city or town 319d 

Damages paid from proceeds of bond sale. 31 Oh 

Determination by engineer and viewers — Report 310f 

Deviation from old highway — Abandonment — Right to fence 328 
Discretion of county commissioners on refusing to order. . . 319f 

Dismissal of petitions for 267a, 310d 

Duties of engineer and superintendent on completion of road. 319b 

' Duty of county auditor 317b 

Of engineer of construction 317a 

Of superintendent to account monthly to county commis- 
sioners 317a 

Funds 209a 

Hearing petition and remonstrances 319f 

Highway located on abandoned railroad right-of-v r.y 315 

Issuance of additional bonds on account of 319c 

Of bond by county commissioners — When void 318a 

Of bonds for. . . . 3 6g 

Legalizing statutes 265, 320 

Letting contract without advertising 319g 



254 Board of County Commissioners. 

Free gravel roads — Continued. Section 

Levy for gravel road fund 2 09a 

Of special tax for 267d 

Meeting of engineers and viewers 310e 

Notice of petition for — Publication 310c 

Oaths of engineer and viewers SlOe 

On county line with deviations — Appointment of engineer. .3 22b 

— Apportionment for maintenance 322m 

— Apportionment of costs , 322k 

— Assessment of cost 32 2k 

— Auditor to transmit copy of petition to auditor of adjoin- 
ing county 322d 

— Issuance of bonds , 32 2k 

Joint board meetings 322b 

Joint meeting of boards of different counties 322f 

Joint meetings of board after completion of road. .322n, 322o 

— Local labor and teams given preference 322i 

— Ordering construction — Letting contract — -Notice 322h 

— Petitions — Affidavits , 322c 

— Petition — Viewers and engineer 32 2b 

— Procedure of joint boards on completion of roads. . . .322m 

Report of engineer^ — Remonstrance , 322g 

Report of viewers 322f 

— Special tax levy 3221 

— Viewers and engineer 322e 

On township line^ — Departure on account of obstacles 321a 

— Election not required 321c 

Petition for — Deviations 321b 

On township lines with deviations — Bonds — Levy . .321d 

—Description of road 321b 

— Heard by commissioners 321b 

On account of obstacles 322a 

— Viewers 321b 

Payment of fees of engineer, surveyor and viewers, when 

appropriation therefor 259 

Petition for construction by taxation — Requisites 31 Ob 

Petition for — Duties of auditor , 310c 

Powers of county commissioners in proceedings 317a 

Without election under three-mile act 310j 

Procedure in proceeding for completion of connecting roads. 319g 

Proceeding in city or town under three-mile act . . . 310n 

Proceedings under three-mile act — Election 310i, 310k 

— Publication of notice 310o 

Proof of publication of notice 310d 

Purchase of materials for roads 268a 

Qualification of superintendent of construction 317a 

Referring matter to engineer and viewers 310d 

Refusal of county commissioners to accept 319b 

Re-issue of free gravel road bonds. 266 



BoAKD OF County Commissioners. / 255 

Free gravel roads — Continued. Section 

Remonstrance in proceedings under three-mile act 310k 

Restriction on use of during thaw or wet weather 299 

Riglit to fence abandoned portion of old roads 328 

Superintendent of 209a 

Surplus tax — How applied 316 

Three-mile act — Allowance to contractor 312 

— Bids in proceeding under 310p 

— Bonds of bidders 310p 

— Certificate of contractor for labor or materials furnished 313 

— Letting contract for construction . ., 311 

— Levy when road in two or more townships 313 

— No tolls allowable 314 

— Preference given to resident labor in township 313 

— Re-assessment of cost of improvement 311 

— Remonstrance by a majority of legal voters of township 311 

— Sale of bonds — Maturity 312 

— Special tax levy : 313 

When costs taxed to petitioners 2 67b 

When tolls not permitted 308d 

Friendless Avoinen — 

See home for friendless women. 
Funds — 

Reversion of unexpended funds 521 

Funeral expenses — 

Of insane person dying in insane hospital 53 

Of pupils in benevolent institutions 50, 53 

G 

Girls' school — 

Claim against county for portion of expense 342 

When county liable for portion of expense 341 

Governor — 

Appoints trustees for sanitary district 448d 

Grades — 

See railroad and highway crossings. 
Grand jury — 

Duty to inspect jail and make recommendations 363 

To investigate workhouse and to report ,. 527h 

Gravel roads — 

See free gravel roads; 
Toll roads. 

Payment of expenses without appropriation being first made 167 
Guards — 

Payment of expense of guarding prisoners. . 270 

Guide post — 

Penalty for pulling down or destroying 212 



256 Board of County Commissioners. 

H 

Hall — Section 

See public hall. 

Hawks — 

Bounties for 92 

Health — 

See state board of health. 

County health commissioner supplying free diphtheria anti- 

toxine 271 

Disinfecting — Death from tuberculosis 271a 

Expense of delegates to meeting of state board 273 

Meetings of state board — Representatives from local boards 273 

Powers and duties of county health commissioners 271 

When county commissioners elect health commissioner. ... 272 

Highway crossings — 

See railroad and highway crossings. 

Highway superintendent — 

See county highway superintendent. 

Highways — 

See county highway superintendent; 
Free gravel roads; 
Railroad and highway crossings; 
Toll roads. 

Abandonment by non-user 298 

By road company — Vacation 329 

Along caving bank of stream 274, 275 

— Change of way — Damages 275 

Appeal by remonstrant to circuit court 306j 

Appointment by county commissioners of highway construc- 
tion superintendent , 306d 

Assessments become first and paramount lien on land bene- 
fited 306c, 306f 

By superintendent for improvements 3 6f 

For benefits — How collected 306c 

For improvement by grading, draining, straightening, or 

graveling 303 

Change of grade by interurban railroad — Consent of county 

commissioners 353 

Of highway in more than one county — Procedure 324 

Compensation of land owner for cutting weeds, etc., on 207 

Condemnation of gravel pits and other materials for road 

purposes 268a 

Conditions precedent to commissioners acting on renewed 

petition 295 

Construction of turnpike or gravel road one mile or less in 

length 307 

Corporations to improve highway — Free or toll roads 323c 

Costs of change in highway 280 



Board of County jCommissioners. 257 

Highways — Continued. Section 

County commissioners buy all road and bridge material, road 

tools and machinery 20 9a 

Discharge of highway superintendent 30 6h 

Duty of adjoining landowners to cut weeds, etc 207a 

Employment of convicts on 282 

Extending into city or town 285 

Franchise to improve highway — Corporation — Free or toll 

road 323c 

Friction brakes may be required — Penalty 300 

Grant of right-of-way for improvement of highway on peti- 
tion of abutting land owners 323b 

Hearing several remonstrances together 30 6b 

Improvement of highways by taxation 30 9a 

On county line road 30 8a, 308b 

On state line roads 308c 

Issuance of gravel road bonds 30 6g 

Legalizing statute 309b 

Located on abandoned railroad right-of-v/ay 315 

Location of — Mailing notice to owners of land affected by 

road 284 

On division line between owners 297 

— Report of viewers 286 

Road in more than one county — Viewers 324 

— Time of removal of fences 29 6b 

Notice of petition for change in 27 8 

For location of 283, 284 

On boundary line between landowners 285 

Of city or town 285 

On county line — Neglect to work on account of difference of 

opinion — Viewers and report 325 

On state line — Highway superintendent 327 

— Improvement made on petition of landowners 32 7 

— Procedure in constructing and keeping in repair 327 

— Qualifications and duties of superintendent 327 

Order by county commissioners for improvement of highway 304 

Of county commissioners for change in 27 8 

Opening or changing highway 287 

Vacating highway — Notice to road supervisor 286 

Payment of damages prior to opening highway 294 

Penalty for failure of road officials to keep road in good 

condition , 301 

To cut weeds, etc., on highway 207 

Permitting amendments to petition or report of viewers, or 

continuing hearing 30 5 

Petition for change in — Viewers 27 9 

For improvement of highway filed with auditor — Notice. .310a 

For location of highway 28^ 

Of abutting landowners for franchise to improve high- 
way 323a 

To county commissioners for change in highway 278 

17— IS 12 



258 Board of County Commissioners. 

Highways- — Continued. Section 

Powers and duties of construction superintendent. . . .30 6e, 306f 

Of board in highway proceedings 305 

Proceeding when improvement extends into or through an- 
other county 306m 

Proceedings to improve by grading, straightening, draining, 

or graveling 302 

Prohibited through cemetery 118 

Purchase of road machinery and tools 268b 

Qualifications of viewers 2 9 6a 

Record of width of 297 

Release of assessments on payment 306i 

Remonstrance — Assessment of damages — Setting aside as un- 
reasonable 291 

— Procedure open- — Reviewers 292 

To location or change in 288 

To report of viewers — Grounds for 306a 

Removal of fences — Cost of removal 2 9 6b 

Report of viewers for change in 279 

Report of viewers or reviewers as to public utility 292 

Requisites for petition for free gravel road by taxation 310b 

Restriction on use of turnpike or gravel road during thaw 

or wet weather 299 

Reviewers for change in 280 

Rural mail routes — Duty to keep in repair — Emergency fund 32 6 

Statutory provisions as to width 331 

Superintendent of construction — General duties 306g 

Of highway construction — Disposal of surplus funds 306h 

Terminating within city or town — Apportionment of cost. . . 3061 

Time of payment of damages assessed 294 

Of highway improvement assessments 306g 

Use of, as interurban right-of-way — Conditions as to location 

of track 355 

Viewers — Official oath of 277 

For location of 2 84 

Notified by sheriff of appointment 285 

Of road relocated along caving bank of stream 276, 277 

Waiver of irregularities in proceedings. 306g 

Who may take advantage of error or defect in proceedings. .306k 

Width of 297, 330 

Working roads located on county line, neglected because of 

difference of opinion — Procedure 325 

Historical societies — 

Appropriation for, by county commissioners 332a 

Duty of county commissioners to provide rooms and vault. . .332a 

Joint use of rooms and vault 3 32c 

Loss or abandonment of rights 332b 

Rooms and vault — Joint control of 3 3 2d 

Voluntary surrender of rooms and vault — Grant of right to 

another society 332e 



Board of County Commissioners. 259 

Home lor friendless women — Section 

Inspection by county commissioners 333a, 333b 

Use of for confinement of convicted girls and women 333a 

Home for indigent old women- — 

Appropriation for 129 

Home for ijoor children — 

Children entitled to admission 156 

To remain in 157 

Duty of county commissioners to provide 155 

Horse thief detective association — 

Officers and by-laws 215 

Organization of , 215 

Powers of members 215 

Hospitals — 

Bonds for public hospital 3 34 

Charity patients in public hospital 334 

County tuberculosis hospital — Duties of boards of managers. 336 

— Duties of superintendent 336 

— Establishment and maintenance by two or more counties 336 

— Levy of tax for 336 

— Purchase or lease of property for 336 

Establishment and maintenance by county — Tax levy 33 4 

Maternity hospitals — Expense paid by county 335 

Petition to county commissioners for public hospital 334 

Trustees for public hospital — Appointment 334 

Tuberculosis hospitals — Establishment by county 336 

Husband and A\afe — 

"Lazy husband act" 270a 

Payment under "lazy husband act" 270a 

I 

Impeachment—— 

Intoxication as ground for impeachment of public officer. ... 357 

Of county officers — Procedure 337 

Vacation of office on conviction of felony 338 

Improvements — 

See public improvements. 

Indiana state farm — 

Correctional institution 477a 

Sheriff's fees for committing prisoner .477b 

Superintendent — Duties on discharge of prisoner 47 7b 

Indiana university — 

Allotment of "permanent endowment fund" to counties 345 

Free tuition to two students from each county 344 

Inquests — 

When held by justice of the peace 376 



260 Board of County Commissioners. 

Insane asylum — Section 

See county insane asylum. 

County asylum — Persons entitled to admission 66 

Marion county asylum for incurables 65b 

Insane hospital — 

County pays funeral expenses of inmates 50, 53 

County to furnish clothing for inmates 51, 52 

Expense of inmates — Liability for 4 9, 5 3 

Insane persons — 

County commissioners may contract with guardian for keep. . 67 
Liability for keep 67 

Inspection — 

Appointment of inspector for salt, beef, pork, flour and hay. . 347 

County commissioners make regulations 350 

Duty of county commissioners to inspect poor asylum 144 

Inspector serves four years 347 

To give bond 349 

Of books, papers and accounts of school trustees 463b 

Purchase of hay scales by inspector 34 8 

Inspector — 

Of public work — Duties 411h 

Of weights and measures — Bond 525 

Reports of to county commissioners 411h 

Institutes — 

Allowance of expenses of farmers' institutes 21 

Interest — 

Application of interest accruing on deposit. 258d 

Liability of county for interest on school fund 449 

On bonds for erection of court house 423 

For jail in Marion county 367 

On county bonds for construction of drain 218b 

On free gravel road bonds 262, 318a 

On highway improvement bonds 306g 

On hospital bonds 334 

On levee bonds ....385, 386i 

On re-issue of free gravel road bonds 266 

Payable by depositories on deposits 2 5 8c, 25 8d 

Interurban railroads — 

Consent of county commissioners to extend street railroad 

beyond city or town limits 352 

Power to change grade of highway 353 

Public aid to 351 

Right to use electricity as motive power — Consent of city 

council and county commissioners 354 

Use of highway as right-of-way — Conditions as to location of 

track 355 



Board of County Commissioners. 261 

Intoxicating liquors — Section 

See local option. 
Appeal from decision of county commissioners as to granting, 

revoking, renewing or transferring license 3 61s 

Applications filed with county auditor 3 6 If 

Must describe premises 3 6 If 

To sell must be in writing 361c, 3 6 If 

Bankruptcy of licensee , 361o 

Bond of licensee 361g 

Change in corporation agent in charge of sales 361m 

Of place of business — Procedure 361k 

County commissioners fix number of licenses to be issued in 

township 361e 

Death of licensee — Procedure of personal representatives. . . . 3 61n 

Duties of county commissioners in general 3 61a 

License fee — Amount 361h 

Paid into school tuition fund 3 61h 

License not issuable pending local option proceedings 360g 

Licenses — Commencement of term 3 61r 

— Effect of revocation 361q 

— Jurisdiction of circuit and superior courts as to revoca- 
tion, renewal or transfer 361s 

— Refund of portion of fee when license illegally granted. .361s 

— Renewals — Jurisdiction of court. 361s 

— Revocation — Jurisdiction of courts 361s 

— Revocation or suspension — grounds of 361q 

— Notice and hearing 361q 

— Term of 361r 

— Transfers — Jurisdiction of court 3 61s 

Limitations of right to issue licenses 361d 

Local option — Surrender of license — Refund of portion of fee 359 

Meaning of word "township" 361e 

Number of inhabitants of township — How determined 361e 

Publication of notice by applicant for license, renewal or 

transfer of license, or change of location 3 61b 

Qualifications of applicant 361c, 361q 

Receivership of licensee's property — Procedure — Transfer of 

license 361o 

Remonstrance — Blanket remonstrance under "Moore" law..361u 

Against license to sell 3 6 On 

— Form of 3 6 lu 

In general 3 6 Ip 

■ — Procedure on filing of 361p 

Renewal of license — Appeal from refusal to renew^ 361j 

— Application for 3 61j 

— Application for by personal representative 3 6 In 

— Applications for have priority 361j 

— Bond and fee 361j 

Requisites of application for license 3 6 If 

Surrender of license by personal representative — Refund of 

portion of fee . . , 3 6 In 



262 ^BoAKD OF County Commissioneks. 

Intoxicating liquors — Continued. Section 

Time of filing remonstrance 361p 

Transfer of license from one person to another — Procedure. .3611 

Wholesale license fee . . . ' 3611 

Wholesale liquor license — Notice of application 3611 

— Wholesale dealer defined 3611 

Intoxication — 

Of public officer — Ground of impeachment 357 

During business hours — Penalty 358 

J 

Jail — 

Allowance for boarding prisoners 366 

Bonds for construction of, in Marion county 367 

Duty of county commissioners when grand jury condemns jail 364 

Of grand jury to inspect 363 

Establishment and maintenance by county. 362 

Levy for payment of jail bonds 368 

Liability for expense of prisoners 526 

Limitation of expenditures for erection and furnishing of jail 

in Marion county 369 

Repairs ordered by county commissioners 363 

Under supervision of board of state charities 365 

Judges — 

Additional salaries — When payable 372 

Cannot be diminished during term of office 371 

In certain counties without appropriation by county council 370 

When additional salaries may be granted 372 

Judgment — 

Against county — How enforced ' . 198 

Liability of county for, 374 

Justices of the peace — 

Appointment in incorporated town on petition of board of 

trustees ., 378 

Compensation for making returns to auditor 523 

County commissioners to fill vacancy in office of 377 

Have no authority to appoint attorneys to defend prisoners 

charged with crime 379 

Number in each township 380 

W^hen should hold inquest. . 376 

L 

Ijaborei*s — 

Eight-hour day — Exceptions 381 

Lakes — 

Construction of ditch into, through or near 382 

High water mark 382 

Lease — 

Letting portion of court house. 383 



Board ofJCounty Commissioners. 263 

Legalizing act — Section 

Act legalizing certain county bonds '. 2 63 

Overdrafts on gravel road funds 20 9aa 

Relating to procedure under free gravel road statute 320 

Legislative apportionment — 

Dividing counties into legislative districts 530 

Levees- 
Application by directors of association for appraisers 3 8 6b 

Appointment of appraisers in levee proceeding 3 8 6c 

Assessment of land benefited for reimbursement of county. .386j 

In levee district collectible as taxes 386 j 

Construction under supervision of circuit court — Bonds. .384, 385 
Determination of county commissioners as to public utility 

of levees 386e 

Duty of appraisers when work is found to be of public utility. 3 86f 

Incorporation of levee association 3 8 6a 

Intervening petition by non-petitioner — Appeal 38 6c 

Issuance of levee bonds by county commissioners 3 86i 

Levee bonds — Interest 386i 

Procedure as to issuance of levee bonds 3 86h 

Proceedings when work affects more than one county 38 6i 

Reimbursement of county for advances made 38 6 j 

Report of appraisers in levee proceeding 386d 

That levee would not be a public utility 386e 

Requirement of statute as to description of land, damages and 

benefits, and appeal 38 6g 

Libraries — 

County — Annual appropriation by county commissioners. . . .391b 

— Annual report of librarian 389 

— Duties of library trustees 390, 391a 

— Library trustees are. county clerk, auditor and recorder 390 

— When allowance by county commissioners 388 

— When trustees turn over funds, books and papers to 

other library , 3 9 5 

Establishment and maintenance by county 387 

Township — Annual levy by trustee for 39 2 

— When may be abolished 394 

Licenses — 

See intoxicating liquors. 

Amount of fee — When fixed by county commissioners 396 

Pee for ferry 252 

Fees fixed by statute 397 

Of pilots — Amount of fee 409 

To operate ferry . 252, 253, 254 

Lien — 

Allowance to agricultural society is lien on property of asso- 
ciation 17 

Highway assessments constitute lien on land benefited . 306c, 306f 



264 Board of County Commissioners. 

lioan — Section 

County loan authorized by sale of bonds — Procedure.. 191 

Local option — 

Appointment of election officers 3 6 Of 

Certificate of election 360j 

Compensation of poll takers 360d 

Consolidation of precincts 360q 

County commissioners fix date of election 360a 

To declare result of election 360j 

Effect of election against prohibition 360n 

Favorable to prohibition 3601 

Election — Payment of expenses without appropriation being 

first made 166 

— When may be held 360k 

Election commissioners — Duties 360i 

Expense of election — By whom paid 360p 

Form of ballot and distribution. 3 6 Oh, 360i 

Liquor license not issuable pending local option proceedings . 360g 
Local option statute merely supplemental to other statutes 

relating to intoxicating liquors 360o 

Petition for — Per cent, of legal voters 360b, 360c 

Special election 359 

Taking poll 360d 

Petition for election — Order for election 360a 

Poll of legal voters — How taken 360c 

Right to add to or withdraw names from petition 360e 

Surrender of license — Proportional refund of fee 359, 360m 

Lyncliing — 

Reward for arrest and conviction for 446b 

M 

Macadam road — 

By taxation 309a 

Completion of connecting roads 319d 

Extending from street in city or town 319d 

Mail routes — 

Repair — Emergency fund 326 

Mandamus — 

Compelling county commissioners to perform legal duties. ... 398 

To compel county commissioners to divide or change precincts 22 6 

Council to make appropriation for payment of judgment. . 198 

Marion county — 

Provision by board of commissioners for foundlings 70 

Sale of court house 210 

Marion county insane asylum — 
See county insane asylum. 

Market house — 

County and city joining in construction and maintenance of 

public hall and market house 429 



Board of County Commissioners. 265 

Maternity hospitals — Section 

See hospitals. 

Matron — 

Appointment of second matron for poor children in county 

asylum 151 

Compensation of matron of children in poor asylum 150 

Duties of matron for children in poor asylum 149 

Of poor children to see that they are properly treated.. 153 

To keep record of each child placed in home 153 

To seek homes for poor children 152 

Expenses to be allowed by county commissioners 153 

For children in poor asylum 148 

Of poor children — Removal by county commissioners 154 

Purchase of suitable building for matron and poor children 150 

Measures — 

See weights and measures. 

Meetings — 

Of county commissioners — Records kept by auditor 39 

Memorial building — 

County joining in the erection of 171 

Memorial hall — 

Appropriation for by county commissioners 3 99d 

Duty of county commissioners when sufficient funds have been 

raised 399c 

In cities of second class 399e 

Subscriptions and donation for 39 9a, 399e 

Meridian line — 

Establishment and record of 400 

Establishment of — Length of 400 

— Petition for „ 400 

Mile posts — 

Penalty for pulling down or destroying 212 

Miners' examining board — 

Appointment and members of 170 

Compensation of members 170 

Terms of office 170 

Vacancy — How filled 170 

Monopoly- — 

Requirements when article controlled by is to be used in 

public improvement 411d 

Monuments — 

See soldiers' monuments. 

Murder — 

Reward for arrest and conviction of murderer 44 6b 

Mutilated records — 

See records. 



266 Board of County Commissioners. 

N 

Navigable streams — Section 

Appropriation for removal of obstructions 481 

Authority of county commissioners to declare stream navi- 
gable 479a, 483a 

Penalty for obstruction of 47 9c 

Procedure on petition to declare stream navigable. . . .479b, 483b 
Removal of obstruction from 483c 

Newspapers — 

Publication of notices of reports in 3 

Subscription for and preservation of copies of newspapers 

published in county 403 

When county recorder to subscribe for and preserve copies of 403 

Notice — 

In proceeding for establishment of gravel road on county line 

with deviations 322b, 322g 

For gravel road on township line with deviations 321b 

To change course in stream 482b 

Liability for judgments 374 

Of application for incorporation of town 501 

To operate ferry 252, 253 

Of assessment by highway superintendent 30 6f 

Of bids for bridge 411b 

Of election as to erection of court house 421 

As to incorporation of town 504 

As to whether county shall join in the erection of coliseum 

or memorial building 171 

Concerning township bridge on county line 9 9c 

Of hearing of viewers' report of apportionment of expense in 

change of stream 4 8 2g 

Of intention to annex territory to town 5 06a 

Of letting contract for change in stream. 482f 

Of petition for change in highway 278 

For completion or extension of free gravel road. 319e 

For emergency drainage fund 5 32gg 

For highway improvement 310a 

For sanitary districts 44 8b 

For transfer of property from civil to school township. . . .50 8a. 

Of primary elections 221a 

Of report and assessment of surveyor in proceeding to clean 

or repair drain — Form 532n 

Of sale of county bonds 2 64 

Of county property at public auction 415 

Posting — Dispensing with advertising 4 

Publication of notice of application to combine contiguous 

cemeteries 123 

In newspapers of county 3 

Of change in precincts 227 



Board of County Commissioners. 267 

Notice — Continued. Section 

Of conveyance of cemetery to city or town 121 

Of letting contract for free gravel road on county line with 

deviations 322h 

Of letting franchise 431 

Of reception of bids for public work 202 

To be made in English language 2, 3 

Under three-mile act 310o 

Service of notice on landowners affected by drain 220 

Nuisances — 

When county commissioners liable for 404 

o 

Oaths- 
Administered by members of board or county auditor 1 

Of office to be endorsed on commission 84 

Of persons appointed by county commissioners to be filed 

with county auditor 84 

Officers and deputies required to take oath of office 84 

Obstructions — 

Removal from navigable streams 483c 

Officers — 

See county officers. 

Certificate of election 124 

Intoxication as ground of impeachment. 357 

Penalty for bribery or attempted bribery of 95 

For intoxication during business hours 358 

Procedure in impeachment of county officers 337 

Prohibited from having interest in public contracts — Penalty 412 

Resignation — To whom made 445a., 445b 

Vacation of office by conviction of felony 338 

Offices- 
Vacancy in, filled by county commissioners 522 

Official bonds — 

See bonds. 

Orders- 
Enforcement by county commissioners. , , 1 

Orphans — 

Allowance for keep of colored orphans 72 

Duty of board of state charities to find homes for orphans and 

dependent children 63 

Of county commissioners to bind out 69 

Liability of county for traveling expenses 63 

No compensation for finding homes for orphans or dependent 

children 62 

When placed in home for poor children. 156 



268 Board of County Commissioners. 

Orphans' home — Section 

Allowance to custodial institutions by county commissioners 

for keep of defective children 71 

Amount of allowance by county commissioners 62 

Established and maintained by county commissioners. . . .60, 61 

For orphans and destitute children 59, 60 

Joining of counties in purchase of 73, 74 

Persons entitled to admission to 75 

Purchase by county commissioners 73, 74 

Statement by officers or matron preliminary to allowance by 

county commissioners 62 

Orphans' homes — Colored — 

Aid to, by county commissioners. 68 

Owls — 

Bounties for 92 



p 

Parks — 

Abandonment of fair grounds as park — Sale 13a, 14 

Authorizing city to use county land as park 433 

County commissioners authorizing city to use fair grounds as 

park 11 

Not to be maintained by county 11 

Use of fair grounds for 10, 11, 12 

Patented ai'ticles — 

Requirements when patented article is to be used in public 

improvement 411d 

Paui>ers — 

See poor persons. 

Allowance to paupers not in county asylum 127 

Payment — 

For supplies furnished county 206, 207 

How made from county treasury 180 

Time of payment of highway improvement assessments. ... 30 6g 

When to be made by warrant issued by county auditor 180 

Penalty — 

County commissioners receiving article of value or compen- 
sation in violation of law 244 

For bribery in election . 97 

For bribery or attempted bribery of officer 95 

For discounting county obligation 216 

For exceeding legal speed over bridge .105, 108 

For failure of county officers to keep office at court house. . 4 06 

Of county treasurer to keep office in fire-proof building. . 514 
Of overseer or landowner to remove weeds, shrubs, etc., 

from drain or ditch 5 3 2y 

Of trustees to make statistical and financial report to coun- 
ty superintendent 4 63a 



Board of County Commissioners. 269 

Penalty — Continued. Section 

To cut weeds, etc., on highway. ; 207a 

To deliver fee books to county commissioners for inspection 24 5 

For filing false claim 169 

For illegal allowances by county commissioners 25, 244 

Of claim against county 168 

I^'or injury to dam, drain or embankment 212 

For interfering with landing of ferry boat. 480 

For issuing county warrants in violation of law 524 

Warrants beyond appropriation 199 

For making contract contrary to law. , 416 

For neglect to transfer prisoners to workhouse 527d 

For obstruction of navigable stream 47 9c 

For overdraft by county auditor 183, 184 

For trespass on county property. . . . 519 

For violation of order for friction brakes 300 

Of statute relating to publication of notices 201 

Intoxication of public officer during business hours 358 

Officers having interest in public contract 412 

Percentage — 

Compensation on percentage basis 2 5 

Petition — 

Amendment of petition for free gravel road 310d 

For cleaning, repair and betterment of drain — Requisites of 5 3 2c 
For conveyance of property from civil to school township. .50 8a 
For election as to sanitary districts — Duty of commissioners. 448b 

For emergency drainage fund — Statement of 532gg 

For erection of court house 421 

For local option election 3 6 0a,' 3 6 0b 

Requisites of petition for gravel road by taxation 310b 

Physician — 

Employment by county commissioners to attend prisoners 

and paupers in county asylum 126 

Pilots — 

Licensed by governor — Amount of fee 409 

Revocation of license 4 09 

Plans and specifications — 

Accompanying report of engineer and viewers in free gravel 

road proceedings 310f, 310g 

For court house — Employment of architect for 42 3 

For public works 202 

Must be prepared in duplicate 4 lie 

Poor — 

See county asylum. 

Poor asylum — 

Appeal from decision removing superintendent 17 9a 

Appointment of employes by superintendent 17 9c 

Of second matron for poor children in county asylum. ... 151 
Bids for supplies 17 9e 



270 Board of County Commissioners. 

Poor asylum — Continued. Section 

Bids for supplies — Bond of bidder 179e 

Bills for supplies presented to county auditor 179e 

Board of visitors 146 

Bond of superintendent 144 

Bond of superintendent — Qualifications 179 

Compensation of board of visitors 147 

Of matron of cTiildren in poor asylum 150 

Dismissal of employes by superintendent 179c 

Duties of matron for children in ... , 149 

Of superintendent of 141 

In general 179d 

In making appointments and dismissals 179c 

Duty of county commissioners to inspect 179a. 

Duty of matron of children to see that they are properly 

treated , 153 

To keep record of each child placed in home 15 3 

To seek homes for poor children 152 

Establishment and maintenance by county commissioners. ... 140 
Expenses of matron to be allowed by county commissioners 153 

Levy of tax for establishment of 14 2 

Matron for children in 148 

Purchase of suitable building for matron and poor children 150 

Removal of matron by county commissioners 154 

Of poor persons to 143 

Of superintendent 179a 

Report of superintendent of 144 

Of superintendent to county commissioners 179d 

Rules and regulations adopted by county commissioners. . . .179a 

Salary of superintendent 179 

Sale by county commissioners 145 

Superintendent filing estimate of supplies for quarter 179e 

Term of office of superintendent 179, 179a 

Poor cliildren — 

See home for poor children. 

When liability of county for ceases 157 

Poor x>ersons — 

See poor asylum. 

Additional relief by township trustee authorized by county 

commissioners 132 

Aid to by county 131 

Appeal from decision of township trustee denying relief. ... 135 

Burial of, by township trustee . . : 130 

Non-resident poor person liable to become public charge. ... 136 
Prerequisites to allowance by county commissioners for relief 

to persons not in asylum 134 

Record to be kept of administrations to 134 

Removal of, to county asylum , 143 

Of non-resident poor person liable to become public charge 136 
Tax levy for 139 



Board of County Commissioners. 271 

Pound — Section 
Impounding animals unlawfully running at large 28 

Premimn — 

On surety company's bonds not payable by county commis- 
sioners S3b 

Primary elections — 

Ballot boxes ; 221a 

Compensation of election officers 222 

Notice of time and place of voting 2 21a 

Place of voting 221a 

Precincts 221a 

Publication of notice in newspaper 221b 

Right of employes to attend polls .221a 

Supplies furnished by county. . . . , 223 

Use of voting machines 2 24, 224a 

Voting booths 221a 

Prisoners- 
See convicts. 

Allowance for boarding prisoners 366 

Payment of expense of guarding 27 

Removal to workhouse 5271 

Working on highways and streets 270 

Prisons — 

See Indiana state farm; 
Jail. 

Property — 

Sale of county property by county commissioners 415 

Public aid — 

By township to railroads . 436a 

To construction and repair of canals 115 

Public buildings — 

Conveyance of land to county 427 

Conveying public hall of county to city 432 

Duplicate plans and specifications . .411e 

Opening bids for 411c 

Public contracts- 
See contracts. 

Public iiall — 

Board of county commissioners to construct and maintain. . 42 8 

Conveyance by county to city. 432 

County commissioners joining with city in construction and 

maintenance of hall and market house 42 9 

Custodian appointed by county commissioners — Duties 428 

Meetings held in — When free, when to be rented 428 

Public Avorks — 
See contracts. 

Bidder to furnish bond 411g 

Contract — How and when let 41 If 



272 BoAED OF County Commissioners. 

PubiJc Avorks — Continued. Section 
County commissioners withholding full settlement with con- 
tractor 414 

Duplicate plans and specifications. .411e 

Inspector — Reports of 411h 

Letting contracts for — Bids 4 30a 

Liability of public contractor for labor, material and board 413 
Payment of claims of laborers, material men and sub-con- 
tractors 414 

Plans, specifications and drawings or models 202 

Refusal to accept work 4 lie 

Rejection of bids 411f 

Requirements where patented article or monopoly is used. .411d 
Withholding clause in contract for 260b 

Publication — 

Compensation for 6 

Made in daily or weekly newspaper 7 

Notice of letting franchise 431 

Of allowances — Time of 6 

Of annual statement of county commissioners 186 

Of court allowances 24 

Of notice and report and assessment in proceeding to clean 

or repair drain 532n 

For bids for bridge 411b 

In two newspapers of county 3 

Of application for incorporation of town 501 

Of application to combine contiguous cemeteries. 123 

Of change in precincts 227 

Of conveyance of cemetery to city or town 121 

Of election as to coliseum or memorial building 171 

Of election as to public aid to railroad 436c 

Of election concerning township bridge on county line. ... 99c 

Of election for incorporation of town 504 

Of filing petition for cleaning, repairing or betterment of 

drain — Form 5 3 2d 

Of intention to annex territory to town 506a 

Of letting contract for change in stream 482f 

Of letting contract for cleaning or repairing drain — Form.532p 
Of letting contract for free gravel road on county line with 

deviations 32 2h 

Of petition for sanitary district 448b 

Of primary election 221b 

Under three-mile act 310o 

Of sale of county bonds 191 

Of unpaid allowances 2 6 

To be made in English language 2 

Punishment — 

Capital punishment by electrocution 213a 



Board of County Commissioners. 273 

Purdue university — Section 
Two students to be appointed from each county by commis- 
sioners 4 34a, 4 34b 

R 

Railroad and highway crossings — 

Separation of grades 528 

— Cost of 528 

Under supervision of public service commission 528 

Railroad commission — 

Ordering separation of grades at railroad and highway cross- 
ing 439a 

Railroads — 

See interurban railroads. 

Condemnation of land 435 

County commissioners granting right-of-way on county road 4 39 
May advance payment for township in aid of railroad — 

Refund 436f 

Subscribe for railroad stock in behalf of township 4 3 6e 

Extension of time by county commissioners 43 6i 

Forfeiture of right to donation by township 4 36i 

Public aid by border counties to railroad in adjoining state. . 4 38 

Public aid by township — Petition and election 4 36a 

Separation of grades at railroad and highway crossing 4 39a 

Suspension of collection of tax in aid of railroad 437 

Tax in aid of — Time of levy 4 3 6k 

Taxes levied for public aid to railroad 436d 

When advance payment may be made by county commission- 
ers on belialf of township 4 36g 

When railroad company entitled to taxes collected in aid of 

railroad 436h 

Rats — 

Extermination of — Duty of county commissioners 440 

Real estate — 

Deed to county — Land for public building 427 

Purchase and sale by county 203 

Records — 

Appointment of commissioner to collect evidence of lost or 

destroyed records 44 3c 

Commissioner to collect evidence of lost or destroyed rec- 
ords — Removal of 443d 

Copying mutilated or decayed 402 

Destruction of assessment rolls — Restoration of 443e 

Duty of county auditor when records of county are partially 

or totally destroyed 44 3a 

Duty of county commissioners to preserve public records. . . . 402 

Kept by county auditor ." 41 

Restoration of records partially or totally destroyed 44 3b 

18—4842 



274 Board of County Commissioners. 

Reformatories — Section 

See Indiana state farm. 
Registration — 

Compensation of registration officers 225b 

Of voters 225a 

Officers of 225a 

Order changing precincts 225a 

Place of — Notice 22 5a 

Remonstrance — 

Against granting of license, renewal, transfer, or change in 

place of business 3 61p 

Assessment of damages — Setting aside as unreasonable 291 

Assessment of damages by viewers 289 

Blanket remonstrance under "Moore" law 361u 

Consolidation of remonstrances and hearing together 306b 

Form of 361u 

Grounds for remonstrance against report of viewers 306a 

In proceedings to establish gravel road on county line with 

deviations 32 2g 

Under three-mile act 310k 

Procedure open — Reviewers 292 

Reviewers — Cost of review 293 

To location or change in highway 288 

Repairs — 

Of bridge on township and county line 100k 

Reports — 

Annual report of county auditor to county treasurer as to 

school funds 461 

Of inspector of weights and measures 525 

Of township trustees 137 

By county auditor to state board of charities of allowances 

for charity 133 

By county commissioners of inspection of poor asylum 17 9a 

Of assistant county highway superintendents 209a 

Of board of visitors to county commissioners 146 

Of county commissioners as to school funds — Copy sent to 

state auditor 4 62c 

— Items covered by 4 62b 

— Record of 462c 

Of engineer and viewers in free gravel road proceeding. 31 Of, 310g 
Of surveyor in proceeding to clean or repair drain — 

Requisites 5 32m 

Of viewers and engineer or surveyor in proceeding to change 

course of stream 4 8 2d 

Of viewers and reviewers as to public utility of highway. ... 293 

Of viewers for change in highway 279 

In proceeding to change stream — Duty of county commis- 
sioners 482e 

In proceeding to grade, drain, straighten, or gravel high- 
way ,, 303 



BoAED OF County Commissioners. 275 

Requisition — Section 

For supplies — Time of presenting 207 

For supplies to county officer 207 

Form prepared by county auditor 20 7 

Resignation — 

Of officer — To whom made 44 5a, 44 5b 

Reversion — 

Of unexpended funds <, 521 

Rewards — 

For arrest and conviction of murder or lynching 44 6b 

For information of bribery of voter 44 6a 

Rivers — 

See navigable streams. 
Streams. 

Road supervisor — 

Taking up or impounding animals 2 9 

Rules — ■ 

For conduct of business in commissioners' court 447 

Of government of poor asylum adopted by county commis- 
sioners 179a 

Rural mail routes — 

Repair — Emergency fund 326 



s 

Sailors — 

Burial of sailor or his wife or widow 113a 

Salaries — 

See fees and salaries. 

Sale — 

Of county property at public auction 415 

Of fair grounds by county commissioners 9, 13a, 14 

Of land mortgaged to school fund when loan has been paid by 

county 4 60a 

— Payment by installments . 460b 

Sanitary district — 

Expenses of election paid by county commissioners — Reim- 
bursement 448d 

Incorporation of 44 8a 

Ordering election for 44 8c 

Petition for election as to — Duties of commissioners 448b 

Trustees of, appointed by governor 44 8d 

When made a. party to proceeding for cleaning or repairing 

drain or ditch 532z 

School books — 

Providing for poor children 155 



276 Board of County Commissioners. 

School for feeble-minded youths— Section 

Applications for admissions to, must be approved by county 

commissioners 54 

County clerk to provide clothing for children admitted thereto 5 5 

Expenses of female attendant of pupil 5 6 

Liability for expenses of pupils 55 

Liability for transportation to and for expenses of pupils. ... 56 
School funds — 

Annual report of county auditor to county treasurer 461 

Examination of — Deficits replaced by county 4 62a 

Liability of county for 449 

- Loan of to county 453, 454 

Payment by county of expense of loan 455 

Of expense of loan by county 4 55 

Of loan by county — Sale of land mortgaged 4 60a 

Report by county commissioners — Items covered by, . 462b 

Sale of lands mortgaged to — Purchased by county 458 

When county commissioners may take conveyance of land 

mortgaged to school fund 456 

When rights of state inure to county 457 

School lands — 

Deficit replaced by county commissioners 452 

Duties in sale of 451 

School trustees — 

Books, papers and accounts of subject to examination by 
county commissioners, county auditor, and county super- 
intendent 4 63b 

May be required to produce books and papers for examination. 4 6 3c 
Penalty for failure to make statistical and financial report to 

county superintendent 463a 

Schools — 

See agricultural schools; 
Boys' school; girls' school; 
County superintendent; 
School for feeble-minded youths; 
School funds. 
Education of dependent children in orphans' home or cus- 
todial institution 464 

Transfer of dependent children 4 64 

Seal — 

Of county commissioners 407 

Settlement — 

By county commissioners with overseers of poor 138 

Sheriff — 

Bailiff of board of commissioners 471 

Bond of — Approval 472 

Compensation of 474 

County sheriffs furnished with public office 420 

Duties of 473 



Board of County Commissioners. 277 

Silk — Section 

Bounty for 93 

Soldiers — 

Burial of soldier or his wife or widow 113a 

Soldiers' home — 

County commissioners authorized to erect 343 

Soldiers' inonunients — - 

Acceptance by county commissioners of donations for 47 5 

Special sessions — 

Of county commissioners for allowance of claims for salaries 24 8 
State board of charities — 

See board of state charities. 

Not given control over county workhouses 527i 

Report to, by county auditor 133 

State boai'd of health — 

Complaint to by county commissioners as to pollution of 

stream 478 

State bureau of inspection — 

Authority to order installment of fire escapes 255 

State charities, board of — - 

See board of state charities. 
State veterinarian- — 

Aided by sheriffs and constables in enforcement of rules. ... 529 
Stationery — 

Supplying county officers with printed blanks and stationery 76 
Streams — 

See navigable streams. 

Appeal from proceeding to change course 482c 

Appointment of engineer in proceeding for change in stream. 482f 
Assessment of benefits in proceeding for change in stream. . . .48 2d 

Bonds of county for change in 48 2 j 

Change in — Appeal from proceeding 482n 

— Apportionment of expense by viewers 482g 

— Bonds for — When delivered . .482k 

— Compensation of persons employed in 4821 

— Contract for by engineer or surveyor 4 8 2f 

— Errors cannot be taken advantage of 482m 

— Final action of county commissioners , 48 2h 

— How reports to be made 4 82o 

Notice to non-residents by auditor 482i 

— Petition to county commissioners for 482b 

— Proceeding when improvement extends into adjoining 

county 4 8 2m 

Viewers and survey 4 8 2b 

Complaint by county commissioners to state board of health 

as to pollution of 47 8 

Damages in proceedings to change course of 482c, 482d 

Duties of viewers and surveyor in proceedings to change. . . .482c 



278 BoAKD OF County Commissioners. 

streams — Continued. Section 

Expense for change in, collected as taxes 4821i 

Hearing report of viewers by county commissioners as to ex- 
pense of change in stream 482g 

Notice of letting contract for change in 48 2f 

Report of viewers and engineer or surveyor in proceeding to 

change course of stream - 4 8 2d 

Street railroads — 

Consent of county commissioners to extend beyond city or 

town limits : 352 

Superintendent^ — 

See county superintendent; 

County highway superintendent. 

Discharge of highway superintendent 306h 

Duties of superintendent of county asylum 141 

Duty of superintendent and engineer of free gravel road on 

completion of road 319b 

Furnishing county superintendent with public office 420 

Of construction of bridge on township and county line.lOOj, 110 

Of free gravel roads 317a 

Of county asylum — Bond 144 

Of erection and repair of bridge on county line 98c 

Of highway construction — Appointment and bond 306d 

— Disposal of surplus funds 306h 

— Powers and duties 30 6e 

Of highway on state line — Duties 327 

— Qualifications 327 

— Term of office — Bond , 327 

Of highways — General duties 306g 

—Notice of assessments 30 6f 

Of poor asylum — Appointment and qualifications 179 

— Dismissal of employes 17 9c 

—Duties of 179c, 179d 

— Report of 144 

Of v/orkhouse appointed by county commissioners 527b 

To make quarterly report 52 7g 

Supervisor — 

See road supervisor. 
Supplies — 

Bids for county supplies 207 

Surety company — 

May sign as surety on official bond 8 3b 

Premium cannot be paid by county commissioners 83b 

Surveyor- 
Appointment of deputy surveyor 487 

Bond of 218a, 486a 

Bond of when acting as drainage commissioner 489 

County commissioners fix amount of bond .486b 

To furnish with office and supplies in Marion county 490 



Board of County Commissioners. 279 

Surveyor — Continued. Section 

Duties of 4 8 6a, 488 

Ex-officio drainage commissioner 218a, 489 

Has cliarge of civil engineering worlt of county 488 

Petition for establishment of meridian line 40 

Requiring additional surety on bond 48 6c 

Special bond not required 486c 

When has powers of engineer and drainage commissioner. . 220 



T 

Taxation — 

Annual levy for township library 3 9 2, 393 

Appeal from action of county commissioners as to refund of 

tax 4 91 

Assessment of benefits for cleaning or repairing drains col- 
lected as taxes 5 32t 

County commissioners withhold levy for township bridge on 

county line until contract is let 9 9g 

Exemption from payment of poll tax 492 

Highway benefits collected as taxes 30 6c 

Legal rate for publication of delinquent list 5 

Levy for bridge established on township line lOOe, lOOf 

For county tuberculosis hospital 336 

For free gravel road fund 209a 

For payment of jail bonds 368 

For. payment of levee bonds 385 

For poor 139 

For public hospital 334 

For township bridge on county line 9 9d 

Of maintenance tax for drain 5 32w 

Of special tax for free gravel roads 267d 

Of tax for establishment of poor asylum 142 

To pay bonds for purchase of toll road 498 

Power of county council to fix uniform rate 208 

Publication of delinquent tax list 4 

Refund of taxes erroneously assessed and collected 491 

Restoration of destroyed assessment rolls 44 3e 

Suspension of collection of tax in aid of railroad 427 

Temporary office of county treasurer for collection of taxes. . 517 

Telephone companies — 

Regulation by county commissioners of placing of poles on 

highways 493 

Rights, privileges and prohibitions 494 

Three-mile act — 

See gravel roads. 

Proceeding in city or town 31 On 

Title — 

To fair grounds used as park 13 



280 Board of County Commissioners. 

Toledo-Chicago water-way — Section 

Duties of county commissioners as to 531 

Title to land in United States 531 

Toll bridges — 

Purchase by county commissioners 49 5, 496 

Toll roads — 

Establishment and operation of ferry. 269c 

Formation of toll road companies 2 69a 

Location of — Consent of county commissioners 269a 

Purchase by county commissioners — procedure 497, 498 

—Tax levy to pay bonds 498 

Remonstrance 2 6 9a 

Tolls chargeable 2 69c 

Tolls — 

By county commissioners for use of bridge 103, 107 

Right of county commissioners to charge bridge tolls 107 

Towns — 

Action of county commissioners as to annexation of territory . 50 6b 
Aiding in highway improvement terminating within town. . .3061 
Appeal from action of county commissioners as to incorpo- 
ration of tovv'n 505b 

Annexation of territory — Procedure 560a 

Application for incorporation — Survey, map, census. ...... 501 

Application, map and census to be filed with county auditor. 501 

Election as to incorporation of 503 

— Expense of 505b 

Erection of bridges within town limit 106, 109 

Incorporation of — Procedure 499 

— Preliminary proceedings 499 

Order of county commissioners declaring town incorporated . 505a 

Petition for incorporation of — Verified census 500 

Requisites of application for incorporation 502 

Townships — 

Boundaries of to be recorded 507b 

Bridge on county line 99a 

Change in number by county commissioners and alteration of 

boundaries 507a 

Conveyance from civil to school township — Procedure 50 8a 

Duty of county commissioners in forming civil townships. ... 450 

In laying off townships 507a 

Election expenses for township bridge on county line 9 9e 

Establishment of bridge on township line lOOa^lOOk 

Expense of transfer of property from civil to school township. 5 08a 
When must build and repair bridge Ill 

Township trustees — 

Annual settlement with county commissioners 137 

Duties of 509 

Election inspector 228 

Erection and repair of bridges and culverts 112 

/ 



Board of County Commissioners. 281 

Township trustees — Continued. Section 

Have no power to open, change, or vacate highways 511 

Removal of poor persons to county asylum 143 

Settlement with overseers of poor by county board 138 

Vacancy in ofRce filled by county commissioners 510 

Treasurer — 

See county treasurer. 

Trees — 

Telephone companies and electric light companies prohibited 

from cutting , 494 

Trespass — 

Penalty for trespass on county property 519 

Trust — 

Relinquishment of trust by county 444 

Trust fund — 

For cemeteries — Pees chargeable in loan of 123b 

Trustees — 

See school trustees; 
Township trustees. 

Tuberculosis — 

Death from — Disinfecting 271a 

Provision for patients in public hospital 334 

Tuberculosis hospitals — 
See hospitals. 

Applications for admission to 58 

Liability for cost of treatment 58 

Tunnels — 

County commissioners may construct tunnel instead of bridg- 
ing stream ^ 520 

Turnijikes — 

Condemnation of materials for road purposes 268a 

Construction of turnpike or gravel road one mile or less in 

length 307 

V 

Vacancy — 

Pilling vacancy in office of commissioner 77 

In office of county assessor . 3 8 

Of county clerk 90 

Veterinarian — 

See county veterinarian; 
State veterinarian. 

Viewers — 

Apportionment of expense of change in stream 482g 

Assessment of damages to remonstrators 289 

Compensation of viewers, reviewers, surveyor, etc., in change 

of highway 281 



282 Board of County Commissioners. 

Viewers — Continued. Section 

Duties of viewers for change in highway 279 

For enclosure by fencing association — Duties 251b, 251c 

For fence around land subject to overflow — Compensation , 250d 
In proceedings to change course of stream 48 2b 

To improve highwa^^ by grading, straightening, draining or 

graveling 302, 303 

Of road relocated along caving bank of stream 276, 277 

Official oath of 277 

Notified by sheriff of appointment. 285 

Reviewers for assessment of damages for highway 277 

For change in highway 280 

Qualifications of 296a 

Report of viewers for enclosure by fencing association 251c 

In location of highway 286 

To county commissioners 277 

Visitors — 

See board of visitors. 

Voting machines — 

See elections. 

Use in primary elections 224, 224a 

w 

Waiver — 

Of irregularities in highway proceedings •. . . .306g 

Warden — 

Fee for electrocution of prisoner 213b 

Warrants — 

See county warrants. 

Waters — . 

Toledo-Chicago water-way 531 

Weeds — 

Compensation of landowner for cutting on highways 207 

Duty of owners of land adjoining highway to cut 207a 

Penalty for failure to cut 207a 

Weights and measures — 

Annual report of inspector 525 

Appointment of sealer by county commissioners 52 5 

Duties of sealers 525 

Inspector of weights and measures 525 

Wolves — 

Bounties for scalps of . 91 

Women — 

See home for friendless women; 
Home for indigent old women, 

Woodchucks — 

Bounties for 92 



Board of County Commissioners. 283 

Work — ' Section 

What constitutes day's worlt . 381 

Workhouse — 

County commissioners liave right to visit 527j 

May hire prisoners to city 527f 

Duty of grand jury to investigate and report 527h 

Erection of hy city 526 

Expense of erection — How paid 527a 

Penalty for neglect to transfer prisoners to workhouse 527d 

Removal of jail prisoners to 5271 

Sentence to workhouse , 527c 

State board of charities not given control of 527i 

Superintendent and deputies to enforce discipline 527k 

Appointed by county commissioners 527b 

To make quarterly report 527g 

Superintendent's bond 52 7k 

Visiting by county physician on request of superintendent. .527k 
Work required of prisoners 527e 



INDIANA STATUTES 



Relating to 



TOWNSHIP TRUSTEES 

Concerning Their Duties, Powers and Prohibitions 



ISSUED BY THE 

STATE BOARD OF ACCOUNTS 



Gilbert H. Hendren, State Examiner 

Bert Winters, Deputy State Examiner 
* Thomas H. Kuhn, Deputy State Examiner 



George M. Crane, Law Clerk 



Compiled by 

George Pence, Field Examiner, and verified by 

George M. Crane, Law Clerk, of the Department 



INDIANAPOLIS : 

WM. B. BURFORD^ CONTRACTOR FOR STATE PRINTING AND BINDING 
1915 



PREFACE. 



The offices of county commissioner and township trustee are 
two of the most important to the taxpayers of the State, for the 
reason that such officers expend for various purposes, as provided 
by law, practically three-fourths of the taxes paid by the tax- 
payers. Such officials should, therefore, know the law governing 
the expenditure of the various funds coming into their hands. 

The laws governing these tw^o important offices have been com- 
piled by this department in separate volumes. The stupendous 
task of separating and compiling the laws pertaining solely to the 
duties of these officers and the elimination of all laws repealed 
directly or by implication has been performed by Mr. George 
Pence, an expert field examiner, with the assistance of and under 
the close scrutiny of Mr. George M. Crane, the legal clerk of this 
department. 

I believe that the 'information to be derived by such officials 
froin these volumes will be of great value to them, and that the 
faithful compliance therewith by said commissioners and trustees 
will save the taxpayers of Indiana tens of thousands of dollars 
annually. 

A copy of the volume concerning the duties of both the county 
commissioners and township trustees will be mailed to each of 
the 276 county commissioners, the 92 county auditors and the 92 
county attorneys of the State. 

A copy of the volume concerning the duties only of township 
trustees will be mailed to each of the 1,016 township trustees of 
the State. 

G. H. HENDREN, 

State Examiner. 
State Board of Accounts, 

Indianapolis, Indiana, May 1, 1915. 



(3) 



TOWNSHIP TRUSTEE 



1^ GREW OR D. 

The intent of this compilation is to give tlie gist of all acts of the 
State governing the township trustee. 

Reference should be had to the statutes for more extended infor- 
mation. 

The number v^^hen used in the date line, of each section, herein, 
refers to the section in Burns' R. S. 1914. In a few cases it has been 
deemed wise to set out the act entire. 

EDITOR. 

CONSTITUTION. 

(Section 153.) 

1. Provisions for Township Officers. The Constitution of Indiana 
provides for the election or appointment of the necessary township 
officers, as may be prescribed by law. 

(Section 156.) 

2. Must reside and keep office in township. All county, township 
and town officers shall reside within their respective counties, town- 
ships and towns; and shall keep their respective offices at such places 
therein, and perform such duties as may be prescribed by law. 

(Section 2 20.) 

3. Limitation of township's indebtedness- — Exceptions. By the 

provisions of the amendment to the Constitution of Indiana, adopted 
March 14, 1881, no municipality can incur an indebtedness, in any 
manner, in excess of two percentum on its taxable property. 

The only exceptions are in time of war, foreign invasion or other 
great public calamity, and then only on a petition of a majority of its 
property owners. 

(Section 2 25.) 

4. Teniii'e of office. Whenever it is provided by the constitution, 
or in any law, that any officer, other than a member of the general 
assembly, shall hold his office for a given term, the same shall be con- 
strued to mean that said officer shall hold his office for such term and 
until his successor shall have been elected and qualified. 

LAYING OFF ClVn^ TOAVNSHtPS. 

(Acts 1859, p. 220, Sec. 9559.) 

5. How civil townships should be laid oif. Boards of county 
commissioners in each county may lay off and divide the same into any 
number of townships that the convenience of the citizens may require, 

(5) 



|6 ToWNSHlPiTRUSTEES. 6 

and may, from time to time, make such alterations in the number, 
names and boundaries of such townships as they may deem proper. 

(Acts 1859, p. 220, Sec. 9560.) 

6. Boundaries to be recorded. Descriptions of boundaries, 
alterations of boundaries and boundaries of new townships shall be 
entered at full length on the records of the board of commissioners. 

ELIGIBILITY LIMITED. 

(Acts 1899, p. 425, Sec. 9564.) 

7. Eligible to office, only four out of eight years. No person shall 
be eligible to the office of township trustee more than four years in any 
period of eight years. 

NUMBER OP TOWNSHIPS AND TRUSTEES. 

(Acts 1859, p. 181, Sec. 6404.) 

8. A corporation and a body politic. The ninety-two counties of 
Indiana contain 1,016 civil townships. Each township is declared to 
be a school township, and as such to be a body politic by the name of 

" school, • township of 

county" according to the name of such township and of the county 
where organized. 

As such corporation it can contract and sue, and be contracted 
with and be sued in any court of competent jurisdiction. 

Under the same act it is provided that each and every township 
(see Burns' R. S. Sec. 9562) that now is or may hereafter be organized 
in any county is declared a body politic and corporate, by the name 

and style of " township of • county," according 

to the name of township and county in which the same may be organ- 
ized; and by such name it may contract and be contracted with, sue and 
be sued in any court having competent jurisdiction. 

TRUSTEE. 

(Section 6405.) 

9. Acts separately in township and school matters. For each 
township there is but one trustee, who, in the performance of his 
duties acts separately as trustee of the civil township and as trustee of 
the school township. 

TRUSTEES' BONDS — VACANCY. 

(Acts 1865, p. 3, Sec. 6406.) 
10. Auditor fixes amount, appioves and accepts. The county 
auditor, in fixing the penalty and approving the bonds of township 
trustee, shall see to the sufficiency of the bonds to secure the school 
revenues, which may come into their hands, as well as the township 
and other revenues, during their term. 



7 Township Trustees. §10a 

rActs 1915, p. 126.) 
lOa. Oflacial bond. Before entering upon the duties of his office 
the trustee of every township shall execute a bond conditioned as in 
ordinary official bonds in a penal sum of not less than the amount of 
money which may come into his hands at any one time as trustee of 
the civil township and of the school township to the acceptance of the 
county auditor. Such bond may be executed by a surety company or 
by two or more freehold sureties to be approved by the county auditor. 

Note: The premium of such bonds can not be paid out of 
public funds. 

(Section 9103.) 

11. Auditor to file and preserve bond. This bond must be filed 
with the county auditor. 

(Acts 1 R. S. 1852, p. 166, Sec. 9109.) 

12. Approval of to be indorsed thereon. The approval of every 
official bond shall be written thereon by the approver thereof; and no 
bond shall be filed until lawfully approved, 

FAILURE TO GIVE BOND. 

(Acts 1 R. S. 1852, p. 166, Sec. 9110.) 

13. Failure to give, vacates office. If any officer of whom an 
official bond is required shall fail, within ten days after the commence- 
ment of his term of office and receipt of his commission or certificate, 
to give bond in the manner prescribed by law, the office shall be vacant, 

(Acts 1865, S. p. 178, Sec. 9116.) 

14. Must be officially acknowledged. No official bond of any pub- 
lic officer shall be accepted or approved, until the execution thereof 
shall have been duly acknowledged before some officer authorized to 
take acknowledgment of deeds, both, by the principal and his sureties 
executing the same; and such acknowledgment duly certified thereon 
by such officer taking the same. 

Note: Failure to acknowledge a bond does not make it void. 

BONDS — SURETY COMPANIES. 

(Acts 1879, p. 192, Sec. 5728-5729.) 

15. Approved surety company's bond. Bonds executed by surety 
companies which are authorized to do business in the State by the 
auditor of state are acceptable as surety on the official bond of the 
township trustee. 

COMMISSIONS OF TOWNSHIP OFFICERS. 

(Acts 1 R. S. 1852, p. 223, Sec. 9139.) 

16. Election inspectors to issue. All township officers except 
constables shall receive certificates of their election from the board of 
judges (election inspectors) of the townships for which they shall be 
elected, See Sec. 6987 Burns' R, S. 



§17 Township Trustees. 8 

(Section 9138.) 

17. When given by clerk of circuit court. Constables receive the 
certificate of election from the clerk of the circuit court. 

REMOVAL FROM TOWNSHIP OP TRUSTEE. 

(Section 9770.) 

18. Trustee to account to successor. If any trustee, overseer of 
the poor, shall remove from the township, be removed from office, re- 
sign or in any other way vacate his office, he shall immediately deliver 
over all books, papers and other things concerning his office to his 
successor, upon his appointment; in the event of his death, his execu- 
tor or administrator shall, within forty days of his death, deliver 
over all things belonging to his office to the successor in office. 

FAILURE TO SERVE. 

(Acts 1865, p. 3, Sec. 6428.) 

19. Failing to serve — Penalty. Any person elected or appointed 
township trustee, who shall fail to qualify and serve as such, shall pay 
the sum of five dollars, to be recovered as specified in the preceding 
section for the use therein named, and in like manner added to said 
fund, unless such person shall have previously served as such trustee. 

NEGLECTING DUTIES. 

(Acts 1865, p. 3, Sec. 6427.) 

20. Neglecting duties. If a trustee shall fail to discharge any of 
the duties of his office relative to the schools, any person may main- 
tain an action against him for every such offense, in the name of the 
state of Indiana, and may recover, for the use of the common school 
fund, any sum not exceeding ten dollars; which sum, when collected, 
shall be paid into the county treasury, and added by the county auditor 
to said fund, and reported accordingly. 

DELIVERY OF MONEY AND BOOKS TO SUCCESSOR. 

(Acts 1859, p. 220, Sec. 9575.) 

21. Requii'ed to account to successor. The trustee shall at the 
expiration of his term, deliver to his successor all moneys, books and 
papers belonging to his township. 

TOWNSHIP TRUSTEES — RECORDS — DUTY AS I O REVENUE. 

(Acts 1865, p. 3, Sec. 6408.) 

22. Records to be kept by trustee. The trustees shall keep a 
record of their proceedings relative to the schools, including all orders 
and allowances on account thereof, keeping a separate account of re- 
ceipts and disbursement of the special school and the tuition funds. 
State tuition revenue shall not be expended for any other purpose, nor 
even for tuition purposes in advance of its apportionment. 

Note: Contracts may be made in anticipation of school 
revenues, except state revenue for tuition. Harney v. Wooden, 
30 Ind. 178; Zartman v. State, 109 Ind. 360. 



9 Township Trustees. §23 

NOTICE OF DAYS FOR BUSINESS. 

(Acts 1875, p. 162, Sec. 9587.) 

23. Days for business — Notice of. The trustee shall designate 
certain days in each week or month, as may be required, in which he 
will attend to the business of his township, and cause notice thereof to 
be given to the inhabitants of such township; and all contracts and 
auditing and payment of claims, shall be made only on such designated 
days. 

SxlTlTRDAY CLOSING AND HOLIDAYS. 

(Acts 1907, p. 691, Sec. 9627.) 

24. Saturday half holidays — County Seats 100,000. In counties 
containing county seat of 100,000 or more population according to the 
last preceding United States census, on all legal holidays, and from the 
first Saturday in June to the last Saturday in October, from noon of all 
Saturdays, it shall be lawful for all public oflficers to close their doors 
for business. 

TOWNSHIP TRUSTEES — DUTIES. 

(Acts 1859, p. 220, Sec. 9565-9566.) 

25. Duties of trustee, by virtue of his office — Other duties — May 
administer necessary oaths. The ex-oflBcio duties of the township 
trustee are: Inspector of elections, overseer of the poor, and fence 
viewer. 

His duties as township trustee in part are: 

To keep a true record of his official proceedings in a book to be 
provided for that purpose. 

To receive all moneys belonging to the township, and pay the 
same out according to law, as right and justice shall require. 

To see to a proper application of all moneys belonging to the 
township for road, school or other purposes, and perform all the duties 
heretofore required of the township trustee, clerk and treasurer under 
the school acts. 

To have the care and management of all property, real and per- 
sonal, belonging to the township, and to superintend all the inter- 
ests thereof. 

To have power to administer oaths where necessary, in the dis- 
charge of the duties of his office. 

RECORD OF FINANCES. 

(Acts 1899, p. 150, Sec. 9596.) 

26. Must keep a financial record. Township trustees shall pro- 
cure and keep a book to be known as the Financial Record. In this 
book he is required to keep an itemized and accurate account of the 
affairs of his township, charging himself with each sum of money when 
and as received, showing the source, date, from w^hom received and 
the account to which it shall be credited. 

Likewise he shall credit himself with all moneys when and as 
paid out, showing when, on what account, to whom and out of what 
fund paid. 

Note: Such book shall be a public record. 



§27 TownshipJTrustees. 10 

APPEALS FROM TOWNSHIP TRUSTEES. 

(Acts 1865, p. 3, Sec. 6667.) 

27. In school mattei's to the county superintendent. Appeals 
shall be allowed from decisions of the township trustee in school mat- 
ters to the county superintendent, who shall promptly decide accord- 
ing to the rules governing appeals from justices of the peace to circuit 
courts, so far as applicable. 

His (superintendent) decisions of all local q«estions, concerning 
any school matter, shall be final, 

RESIGNATION. 

(Acts 1 R. S. 1852, Sec. 9141.) 

28. When made, to be filed with auditor. If a township trustee 
desires to resign such office, he shall file with the county auditor his 
written resignation. 

(Section 9569.) 

29. Vacancy in office- — How filled. In case of a vacancy, in vaca- 
tion of the commissioners' court, the auditor shall appoint a person to 
fill the same. 

During term time, the board of county commissioners shall fill 
such vacancy. All appointments are to cover the unexpired term. 

DOCKET AND OTHER FEES. 

(Acts 1903, p. 177, Sec. 9570.) 

30. Required to be paid to trustee quarterly. Quarterly, viz.; on 
March 31, June 30, September 30 and December 31, of each year, 
each township trustee shall receive from the justices of the peace in his 
township all docket fees taxed and collected by such justices during 
each quarter, and shall enter same in his township fund. 

In townships having therein a city of not less than 45,000 and 
not more than 60,000 population, all justice's fees including docket 
fees must be paid to the trustee quarterly. 

Note: A portion of the language of the above act, as pub- 
lished in the Acts of 1903, and in Burns' R. S. 1914, is garbled 
so as to be meaningless. In the Enrolled Act, the language is: 

"And in all townships in the State having therein a city of 
not less than 45,000, and not more than 60,000 population 
* * *. Said Trustees shall quarterly * * * receive from 
. Justices of the Peace all fees taxed and collected by said 
justices during such quarter, and shall enter the same in the 
general fund of said township."' 
In the later edition of Burns' R. S. the mistake is corrected. 

(Acts 1903, p. 177, Sec. 9570.) 

31. Trustees must examine justices' dockets, quarterly. Under 
this section the trustee is required to examine and settle all accounts 
and demands against his township. The dockets of all justices within 
his township are thus required to be examined by the trustee. 



11 Township Trustees. §32 

FIRE ESCAPES. 

^' (Acts 1909, p. 302, Sec. 3841-3847 b.) 

32. When trustee acts as fire chief. All school buildings and 
public buildings must be provided with proper means of escape in case 
of fire. 

Fire chiefs of cities are required to see that the law is obeyed in 
that regard. Section 3847b provides that the trustee shall perform the 
duties required of fire chiefs, in places that have no fire chief. 

PENALTIES. 

(Acts 1905, p. 584, Sec. 2284.) 

33. Penalty for. A trustee failing to account to his successor, or 
failing to pay over to his successor in ofiRce all moneys of every de- 
scription, remaining in his hands at the expiration of the trustee's 
term, shall be deemed guilty of embezzlement, subject on conviction 
to a fine not exceeding $1,000, and five years' imprisonment in the 
State prison. 

DIVERSION OF FUNDS. 

(Acts 1905, p. 584, Sec. 2292.) 

34. Penalty for. Any trustee who knowingly diverts, appropri- 
ates or applies any funds, or a part of any fund, or money borrowed on 
bond, to any other use than that for which it was raised, appropriated 
or borrowed, is deemed guilty of embezzlement and the penalty on con- 
viction is a fine, imprisonment in the State prison and disfranchise- 
ment. 

EXTORTION AND OFFICIAL NEGLIGENCE. 

(Acts 1905, p. 584, Sec. 2389.) 

35. Penalty for. Any public officer who demands or receives any 
fee or reward, other than that which is allowed by law, for doing his 
oflicial duty, or charges, asks or receives a greater fee than is allowed 
by law, or requires any division of fees of a deputy appointed by him, 
or fails to perform any duty in the manner and within the time pre- 
scribed by law, is subject, upon conviction, to a fine and imprisonment 
in jail for a first offense and State prison and disfranchisement for a 
second. 

FAILURE TO PERFORM DUTY — PENALTY. 

(Acts 1859, p. 220, Sec. 9581.) 

36. Penalty for. Should any person, elected or appointed to the 
office of township trustee, after having accepted such office, fail to per- 
form any duty required by law, such person so failing shall forfeit and 
pay to such township any sum not exceeding $100, to be recovered in 
a civil action in the name of the township, before any court having 
competent jurisdiction. 



Township Trustees. 12 



INTOXICATED OFFICER. 

(Acts 1905, p. 584, Sec. 2419.) 

37. Penalty for intoxication during business hours. Whoever, 
holding an office under the Constitution and laws of this State, be- 
comes, or is intoxicated during the business hours of his office, shall, 
on conviction, be fined not less than $10 nor more than $100, to which 
may be added imprisonment in the county jail not more than ten days; 
and for the second offense he may be deprived of his office by the 
judgment of the proper circuit court. 

UNLAWFUL, INTEREST IN PUBLIC CONTRACTS. 

(Acts 1905, p. 584, Sec. 2423.) ^ 

38. Penalty for. A township trustee who shall be interested in 
any contract for the construction of a schoolhoiise, bridge or public 
building, or work of any kind erected or built for the use of a town- 
ship, or who shall bargain for or receive any percentage, draw-back, 
premium or profits, or money, on any contract, or making any appoint- 
ment wherein the township is concerned, is subject, upon conviction, 
to fine, imprisonment in the State prison and disfranchisement. 

REFUSAL TO PAY JUST CLAIMS. 

(Acts 1905, p. 584, Sec. 2424.) 

39. Penalty for. If any township trustee unlawfully refuses to 
pay a just claim, or demand, against any fund of the township, when 
the money belonging to such fund is in his hands, he is subject, upon 
conviction, to a fine not less than $10 nor more than $50. 

FRAUD BY OFFICER — ELECTIONS. 

(Acts 1881, S. p. 174, Sec. 2571.) 

40. Penalty for. Whoever being a township trustee, inspector, 
judge or clerk of election takes out of the ballot box any ballot legally 
deposited therein, with intent to destroy or substituting another in its 
place, with intent to prevent the same from being counted; or who 
knowingly enters upon the poll books the name of any person who has 
not legally voted at such election; or intentionally tallies any vote to 
any candidate not voted for by such ballot, or permits any of these 
to be done, is subject, upon conviction to fine, imprisonment and dis- 
franchisement. 

ALTERING RETURNS — ELECTIONS. 

(Acts 1881, S. p. 174, Sec. 2572.) 

41. Penalty for. Any township trustee, inspector, or any person 
acting for them, while forming a board of canvassers, who shall, with 
intent to defraud, alter any election return, as made by the election 
board of any voting precinct, either by increasing the vote of any 
candidate, or reducing the same; or shall intentionally destroy, mis- 



13 Township Trustees. §42 

place or lose any poll book or tally sheet, or who shall consent or 
permit the clerk of the court, to make such change, is subject upon 
conviction, to a fine, imprisonment in the State prison and disfran- 
chisement. 

REFUSING TO RECEIVE VOTE. 

(Acts 1881, S. p. 174, Sec. 2578.) 

42. Penalty for. Whoever being an inspector or judge of any 
election, knowingly, wilfully or corruptly, refuses or neglects to re- 
ceive the vote of any legal voter at any election, within this State, is 
subject, upon conviction, to a fine, disfranchisement and rendered in- 
capable of holding any office of trust and profit for any determinate 
period. 

PERSUADING VOTER. 

(Acts 1881, S. p. 174, Sec. 2574.) 

43. Penalty for. Whoever being an inspector, judge or clerk of 
an election, attempts to induce, by persuasion, menace, reward, or 
promise of same, any elector to vote for any person, shall be subject 
to a fine of $10 to $100. 

OFFICER OPENING OR MARKING TICKET. 

(Acts 1881, S. p. 174, Sec. 3575.) 

44. Penalty for. Whoever being a judge, inspector, clerk or other 
oflftcer of an election, opens or marks, by folding or otherwise, any 
ticket presented by an elector, or suffers it to be done by another, be- 
fore such ticket is deposited in the ballot box, shall be fined, disfran- 
chised and rendered incapable of holding any office of trust and profit 
for any determinate period. 

FALSE CLAIMS. 

(Acts 1905, p. 584, Sec. 2586.) 

45. Penalty for presenting, for payment. Whoever, knowing the 
same to be false or fraudulent, makes out or presents for payment or 
certifies as correct to * * * the trustee or accounting officer of 
any civil or school township, any false or fraudulent claim, bill, note, 
bond, account or other evidence of indebtedness, for purpose of pro- 
curing payment thereof, upon conviction shall be imprisoned in the 
State prison two to fourteen years, and fined $10 to $1,000, and who- 
ever receives payment of such claim, knowing the same to be false and 
fraudulent, shall be punished likewise. 

DOG TAX — PENALTY AGAINST OFFICER. 

(Acts 1897, p. 178, Sec. 3263.) 

46. Penalty for failure to perform duty. Any township trustee 
or township assessor who shall fail to perform his duty relating to 
collection of dog tax or who shall fail to report delinquent dog owners, 
shall be liable to a fine of $10 to $20. 



§47 Township Trustees. 14 

DOGS — FALSE STATE^IENTS. 

(Acts 1897, p. 178, Sec. 3264.) 

47. Penalty for false statement. Any false statement made to a 
township assessor or township trustee relative to number, sex or 
age of a dog by a person owning, keeping or harboring a dog subjects 
such person to a fine not exceeding $10 0. 

FAILURE TO ACCOUNT — PENALTY. 

(Acts 1905, p. 584, Sec. 2283.) 

48. Penalty. Any trustee who fraudulently fails or refuses, at 
any time during the term for which he was elected or appointed, when 
legally required to so do by the proper person or authority, to account 
for, deliver and pay over to such person or persons as may be law- 
fully entitled to receive the same, all moneys, choses in action, or other 
property which may come into his hands by virtue of his office, is 
deemed guilty of embezzlement, and the penalty on conviction is a 
fine, not exceeding $1,000, and imprisonment in State prison and dis- 
franchisement. 

ADVISORY BOARD. 

(Acts 1899, p. 15, Sec. 9590.) 

49. Beginning of term. The term of office of the members of the 
advisory board shall be for two years from the day following their first 
election and until their successors are elected and qualified, and the 
term of office shall thereafter be for the term of four years from the 
day following their election and until their successors are elected and 
qualified. 

(Acts 1899, p. 150, Sec. 9590.) 

50. Election of — General Duties — Organization — Quorum. At the 

time of electing township trustees, the voters shall elect an advisory 
board for the township. By inference the provisions of the amending 
act 1911, Sec. 6983 Burns' R. S., which extended the election of town- 
ship trustees and township assessors from November, 1912, to Novem- 
ber, 1914, also extended the election of the advisory boards. 

The advisory board consists of three members and vacancies are 
filled by the remaining members. 

This board is required to assemble on the first Tuesday of Sep- 
tember each year, in annual session, at some convenient place in the 
township, and two members shall constitute a quorum. 

At such meeting the board shall consider the various estimates 
of township expenditures proposed by the township trustee, and shall 
have power to concur in such estimates, in whole or part; or to reject, 
in whole or part. 

Any existing indebtedness of the township need not be paid 
until due. 

When the board shall have determined upon the estimates and 
amounts for which taxes should be levied upon the property and polls 
within the township for the ensuing year, it shall then determine and 



15 Township Trustees. ' §50a 

fix the rates of taxation, upon such property and polls as to the es- 
timated purposes, severally. 

The rates so determined by the board shall be certified to the 
county auditor, who shall place the same upon the tax duplicate, and 
the same collected and enforced by law. 

One of the members shall be elected chairman and another mem- 
ber as secretary of the board. 

The secretary shall record, in a book to be furnished by the trus- 
tee, all the proceedings in full of any meeting, under the direction of 
the board, which shall be signed before the board adjourns. 

Such book shall be a part of the records of the township, and 
known as "The record of the Advisory Board of town- 
ship" and it shall remain in the custody of the chairman of the board. 

The board has the power to adjourn from day to day till its 
business is completed. 

Note: No action of the members of the advisory board has 
anj^ force in law except the action be taken at a meeting of 
the board when a quorum is present and a record of such 
action be made and entered upon the advisory board record 
and signed by the members before the meeting adjourns. 

(Acts 1915, p. 358.) 
50a. Taxation — Townships — Tax levy. Each advisory board in the 
several townships of the State shall, at the annual September meeting 
of the board, levy a tax for township funds upon all the taxable prop- 
erty within the township, including the taxable property in cities and 
incorporated towns within the boundaries of the township. 

IMPROVEMENT AND REPAIR OF HIGHWAYS BY USE OF ROAD 

TAX. 

(Acts 1913, p. 873, Sec. 7780.) 

51. Must be let to the lowest responsible bidder — Notices. Under 
Sec. 20 of the new highway law, 1913, the township trustee may let 
to the lowest responsible bidder the improvement or repair of high- 
ways and bridges, or any part thereof, in his township, under regula- 
tions prescribed by him. Notice- of the time and place of receiving 
bids must be posted in three of the most public places in the township. 

Note: Such contracts must be let upon notice and bids. 
Moss V. Sugar Ridge Tp., 161 Ind. 417. 

Note: It is believed that the 1913 act, p. 873, Section 51, 
this book, governs as to the expenditures of road taxes. By 
Section 1347 Burns' R. S. it is provided, in case there are not 
published in said county newspapers representing two political 
parties casting votes at the last preceding general election, 
then in such case one of such notices or reports, shall be pub- 
lished in an independent newspaper. 

GENERAL SUGGESTIONS. 

52. General suggestions. The matter of township supplies, both 
civil and school, is one of the greatest importance. In the aggregate, 
the expenditures of the township trustees of the State for supplies of 



§53 Township Trustees. 16 

different kinds amounts to a very large sum annually. To the end 
that there may be no unnecessary purchases it is the duty of each trus- 
tee to see that there is no needless waste and that all articles belong- 
ing to the township are properly used and protected. At the close of 
the schools, teachers should be required in their report to make an 
itemized and detailed statement as to the amount and condition of all 
property, furniture and materials under their supervision and the prob- 
able needs for the next school term. Road supervisors, drivers of 
school wagons and school janitors should be required to properly pro- 
tect all property in their charge or under their supervision. By re- 
ports from all persons using township property and by personal inspec- 
tion and inquiry, the trustee will be able to make an intelligent esti- 
mate of the township needs. 

53. School supplies — Estimate and classification. If the trustee 
desires to purchase any school furniture, wagons, fixtures, maps, charts 
or other school supplies (excepting fuel and literary periodicals, as 
may be authorized by the advisory board) he must make an estimate of 
the kinds and amounts, itemized particularly and properly classified, to 
be used by bidders upon the giving of public notice. The only excep- 
tion made by the statute is as to fuel and literary periodicals; all other 
supplies must be purchased after notice and bids. (Section 9598, 
Burns' R. S. 1914.) 

54. Other supplies — Road machinery — Bridge materials, etc. A 
like course should be followed by the trustee in the purchase of all 
other supplies and materials for township use wherever practicable. 
Especially is this required in buying road machinery and tools of all 
kinds and bridge and culvert materials. It may also be advisable in 
some instances to buy gravel, stone or other road-making materials by 
notice and competitive bidding, 

55. Plans and specifications required. If the trustee finds it nec- 
essary to erect a new schoolhouse, he must procure suitable plans and 
specifications therefor to be used by the bidders in bidding and in the 
construction of such house. The plans and specifications, as to sanitary 
arrangements, must be in accordance with the rules of the state board 
of health. 

Note: See Sec. 248 this book. 

56. Bids for repair work on schoolhouses. If it is necessary to 
make repairs on or about schoolhouses, other than current or incidental 
repairs, the trustee must make an itemized statement of the nature and 
character of the work for the use of bidders. The current and inci- 
dental repairs which the trustee is authorized to make without notice 
and bids relate to such matters as broken windows, doors, heating ap- 
paratus and other things likely to occur from day to day and requiring 
immediate repair. 

57. Plans and specifications to be procui'ed. When bridges are to 
be constructed or repaired in a township in any year the trustee, under 
the township act of 1899, must make for the use of bidders a sufficient 
schedule and such specifications of such work as may be necessary. 

58. The $100 law, as to payment for bridges. Again, is mention 
made in reference to the Act of 1913, p. 609, which provides that all 



17 Township Teustees. §60 

bridges erected or repaired, wlien the cost shall not exceed $100, shall 
be paid by the township trustee from the township road fund. 

60. Requirements as to letting of contracts — Notice how given. 

Under the township act of 1899 it is provided that all contracts shall be 
let after notice by posting for three weeks in five of the most public 
places in the township and also at or near the door of each postofRce 
therein, stating briefly tlie buildings, repairs or supplies sought to be let 
and when and where bids will be received and opened. If the contem- 
plated expenditures in any class (buildings being one class, repairs a 
class, supplies a class, and so on) shall be $500 or more, in addition 
to the posting there must be a publication of the notice one time in 
two leading newspapers of the county representing the two political 
parties casting the highest number of votes in such county at the last 
preceding general election. If there is a newspaper published in the 
township one of such notices must be published in it. 

Note: It is believed that the 1913 act. Section 5 9, this book, 
governs as to the expenditure of road taxes. By Section 1347 
Burns' R. S. it is provided, in case there are not published in 
said county newspapers representing two political parties cast- 
ing votes at the last preceding general election, then in such 
case one of such notices or reports, shall be published in an 
independent newspaper. 

(Section 1346a.) 

61. May publish in a daily or Aveekly newspaper. Under another 
act, 1913, p. 7 61, it is provided that the trustee may lawfully make 
such publications in either a daily or weekly newspaper. 

BIDS, RECEIVING AND ACTION ON. 

62. Advisory board must be present when trustee opens bids — 
Written bids — Opened publicly. All bids must be in writing and must 
be opened and read publicly at the time and place fixed in the notice. 
The trustee may take time to examine and satisfy himself as to which 
is the lowest and best bid and must advise with the advisory board 
thereon. The advisory board must be present at the letting and has 
authority to reject any and all bids. When action has been taken, the 
trustee must endorse on the bids whether rejected or accepted and 
must preserve the bids in his office. 

BIDS, HOW RECEIVED. 

(Acts 1913, p. 650, Sec. 5896a.) 

63. Bids need not be sumitted earlier than time of meeting. No 

officer authorized by law to let contracts for public work has authority 
to require any bidder to submit his bid at any time earlier than the 
open meeting at which it is to be received. All such meetings for re- 
ceiving bids shall be open to the public and all bidders shall be en- 
titled to attend. 

All contracts for public work let contrary to these provisions 
shall be void. 

2—4843 



§64 Township Trustees. 18 

WHEN CONTRACT IS VOID. 

64. When contract is void. Any contract made in violation of 
the township act of 189 9 (Advisory Board Act), and its amendments is 
null and void. 

65. Conti'acts how let. When a bid is accepted a proper contract 
in writing, signed by the trustee and the successful bidder, must be 
entered into for such building, bridge construction, repairs or supplies, 
as the case may be. All the work or supplies in any one class must be 
included and let in a single contract. 

66. Noncollusion affidavit and bond. All bids must contain the 
statement and affidavit set out in "Form 9" prescribed by the state 
board of accounts; and when a contract has been entered into the 
trustee must require the bidder to give bond, with security to be ap- 
proved by him, for the faithful execution of such contract. 

67. Annual January financial report and settlement — When and 
how made. The trustee's annual report and settlement is provided for 
by the township act of 1899, as amended in 1901. Briefly stated, the 
requirements as to the report are as follows: 

The report must be presented to the advisory board at an annual 
meeting to be held on the first Tuesday after first Monday in January. 
Where, however, the trustee's term expires before that date, or he 
shall die or resign, then he or his administrator, as the case may be, 
shall at once make final settlement with the board. 

It must be a complete report of all receipts and expenditures for 
the preceding calendar year, with the balance to the credit of each 
fund. 

If the trustee has any money from any source on his hands or 
under his control which is not included in any particular fund, as 
shown by his report, all facts concerning such money must be stated. 

Each item of expenditure must be accompanied by a verified 
voucher, signed by the person receiving the money. The form of this 
voucher has been prescribed by the state board of accounts. The trus- 
tee is empowered to administer the oath to the person signing the 
voucher. 

The report must be verified by the oath of the trustee showing 
that the sums with which he is charged in the report are all the sums 
received by him; that the various items of expenditure credited have 
been fully paid in the sums stated, without any agreement that any por- 
tion thereof shall be retained by or repaid to him or to any other 
person; and that such trustee has received no money nor article of 
value in consideration of any contract made by him as such trustee. 

AliliOWANCE BY ADVISORY BOARD. 

68. Allowance of per diem to trustee. The trustee who receives 
per diem and not salary must file with the advisory board at its an- 
nual meeting in January an itemized statement, verified by his oath, 
of his services as trustee and such board shall fix and allow the num- 
ber of days for which the trustee is entitled to be paid, and he is en- 
titled to no other compensation for his service as trustee. 

Note: For law as to clerk hire, expenses and office rent, 
see Section 73, this book. 



19 • Township Trustees. §69 

DUTY OF ADVISORY BOARD. 

69. Duties as to trustee's annual January report. The advisory 
board shall consider the trustee's report when it is presented to such 
board and approve it in whole or in part. 

Any sum appropriated and remaining in the hands of the trus- 
tee, unexpended, and for which no liability exists against the town- 
ship, must be deemed and credited in favor of the fund for which it 
was appropriated, and must be considered in the ensuing levy. 

The expenditure of any fund, in whole or in part, to any account 
for which it was not appropriated by the advisory board must be 
deemed by such board as a balance of such fund unexpended and still 
in the hands of the trustee, for which he is liable on his bond. 

Any member of the advisory board may administer oaths, and 
the board may send for persons, books and papers, if necessary, in the 
examination of the trustee's report; and when the examination is 
closed the board must enter of record its action on the report, spe- 
cifically stating such parts and items as may be altered or disallowed. 

The trustee's report shall remain under the control of the advisory 
board and in the custody of the chairman of such board and may be 
inspected at any time by any taxpayer of the township. The vouchers 
accompanying the report, however, must be filed with the county 
auditor. 

COPY OF REPORT TO AUDITOR — TI>IE OF FILING AND PENALTY. 

70. Copy of report to auditor — Penalty — Vouchers. After the 
annual settlement has been made, the trustee must, within ten days 
thereafter, file a copy of his report as adopted by the advisory board, 
with the accompanying vouchers, in the office of the county auditor, 
to be preserved. If the copy is not so filed within ten days the trus- 
tee is subject to a forfeiture of $5.00 for each day's delay, to be 
collected by the advisory board for the benefit of the township. 

AUDITOR'S DUTY TO EXAMINE TRUSTEE'S REPORT. 

(Section 9597.) 

71. Auditor's duties — Examination within 10 days. The auditor 
must examine the copy of the report filed with him and within ten 
days after such filing must report to the advisory board the result of 
such examination, including his finding as to the accuracy of the report. 

PUBLICATION OP REPORT — PENALTY FOR FAILURE. 

72. Newspaper publication within four weeks. Under an act of 
1907 (Section 9573, Rev. Stat. 1914), the township trustee, within 
four weeks from the time of filing his annual report, must cause the 
receipts and expenditures by items, as they appear in such report, to 
be given newspaper publication as in said section provided. If the trus- 
tee fails to make such publication the county auditor shall cause it to 
be done. Each newspaper publishing the same shall be entitled to five 
cents for each item of such receipts and expenditures, to be paid out 
of the township fund and not more than one item shall be printed in 



§73 Township Trustees. 20 

one line. For a failure to make publication of the report a fine of 
$25.00 is provided. 

Townships having a population of 100,000 inhabitants or more are 
excepted from the above requirements and must cause publication to be 
made under Section 9597, Burns' R. S. 1914. 

Note: As to publication see Sections 6 and 61, this book. 

ESTIMATES OF EXPENDITURES. 

(Acts 1915, p. 131, amending Sec. 9593.) 
73. Trustee must attend all meetings — Estimates. The trustee 
shall attend all of the meetings of the advisory board, and at the an- 
nual meeting thereof, after the board shall have organized, he shall 
present a detailed and itemized statement in writing of his estimated 
expenditures for which appropriations are asked, specifying the num- 
ber of teachers necessarily employed, their salaries respectively, the 
number of days deemed necessary for the discharge of the duties of his 
office, and the days of the week or month when they can be most ad- 
vantageously performed, the extent of needed bridge and highway re- 
pairs, an accurate, itemized list of all the property and supplies on 
hand, whether in use or in store, for road, school and other purposes 
and estimated value thereof, the items of school supplies necessary for 
each school, the condition of pauperism in the township, including the 
names of such persons as have received public aid, since the taking ef- 
fect of this act, and since the last annual meeting of the board, with 
the respective amount received by each person. And also the items, 
severally to be charged against the township funds, including salaries, 
clerk hire when same is necessary, stationery, printing and records, and 
supplies to be furnished to the justices of the township, the trustee's 
compensation, and his actual expense to be incurred in the transacting 
of township business, and his office rent, where an office is authorized 
by such advisory board, and any other items of expense payable from 
said fund; and he shall submit to such inquiries concerning the ex- 
penditures of his office as the board, or the taxpayers present, may 
deem proper to make. The advisory board shall have full power to re- 
quire any estimate, not sufficiently itemized, to be so itemized by the 
trustee, and to appropriate for any purpose a sum not greater than that 
estimated in the item therefor, except by the unanimous vote of the 
board, and not otherwise, an appropriation may be made for an item 
not contained in any estimate, or for a greater amount than that named 
in any item of an estimate: Provided, further. That all items of ex- 
pense herein enumerated shall be paid from the proper funds of the 
township: and Provided, That in townships containing a population of 
less than 5,000 inhabitants, no clerk hire shall be allowed or paid; that 
in such townships the advisory board may authorize the trustee to 
pay as office rent a sum not to exceed $60.00 per annum, and such trus- 
tee may, if authorized by the board, keep his office in his residence or his 
own property, and pay to himself the rent therefor; that in such town- 
ships, the advisory board may authorize the trustee to pay his actual 
expenses in transacting his official business, including stationery, print- 
ing and records, and may authorize the trustee to use his own prop- 



21 Township Trustees. §73 

erty, as means of convenience in transacting such business, but the 
total expenses to be so allowed and paid, other than office rent, shall 
not exceed $100.00 per year in such townships; that in townships con- 
taining a population of 5,000 and less than 10,000 inhabitants, the ad- 
visory board may authorize the trustee to pay, if the board deems nec- 
essary and proper, for clerk hire a sum not to exceed $100.00 per year; 
for office rent a sum not to exceed $90.00 per year; for actual expenses 
in transacting the business of the office, including stationery, printing 
and records, and may authorize the trustee to use his own property as 
means of convenience in transacting such business, but the total ex- 
penses to be so allowed and paid, other than office rent, shall not ex- 
ceed $200.00 per year; and Provided, That in townships containing 
10,000 and less than 15,000 inhabitants, the advisory board may au- 
thorize the trustee to pay, if the board deems necessary and proper, 
for clerk hire a sum not to exceed $250.00 per year; for office rent a 
sum not to exceed $120.00 per year; for actual expenses in transacting 
the business of the office, including stationery, printing and records, a 
sum not to exceed $250.00 per year: and Provided, That in townships 
containing 15,000 and less than 20,000 inhabitants, the advisory board 
may authorize the trustee to pay, if the board deems necessary and 
proper, for clerk hire a sum not to exceed $4 50.0 per year; for office 
rent a sum not to exceed $120.00 per year; for actual expenses in trans- 
acting the business of the office, including stationery, printing and rec- 
ords, a sum not to exceed $30 0.00 per year, and Provided, That in 
townships containing 20,000 and less than 30,000 inhabitants, the ad- 
visory board may authorize the trustee to pay, if the board deems 
necessary and proper, for clerk hire a sum not to exceed $600.0 per 
year; for office rent a sum not to exceed $180.00 per year; for actual 
expenses in transacting the business of the office, including stationery, 
printing and records, a sum not to exceed $350 per year and Provided, 
That in townships containing 3 0,000 and less than 40,000 inhabitants, 
the advisory board may authorize the trustee to pay, if the board 
deems necessary and proper, for clerk hire a sum not to exceed $9 00.0 
per year; for office rent a sum not to exceed $240.00 per year; for 
actual expenses in transacting the business of the office, including 
stationery, printing and records, a sum not to exceed $500.00 per year, 
and Provided, That in townships containing 40,000 and less than 100,- 
000 inhabitants, the advisory board may authorize the trustee to pay, if 
the board deems necessary and proper, for clerk hire a sum not to ex- 
ceed $1,200.00 per year; for office rent a sum not to exceed $300.00 
per year; for actual expenses in transacting the business of the office, 
including stationery, printing and records, a sum not to exceed $600.00 
per year; the inhabitants of all such townships to be determined by 
the last preceding United States census. All appropriations for clerk 
hire, for office rent, and for actual expenses in transacting the busi- 
ness of the office of trustee, shall be made at the annual September 
meeting and at no other time. In any case, before the trustee shall 
draw his warrant for any money to be paid out by reason of the items 
of expense, including clerk hire and office rent, authorized by this act, 
he shall require to be filed with him, as trustee, an itemized voucher 



§74 Township Trustees. 22 

of such expense, clerk hire or office rent, properly subscribed and 
sworn to. 

No trustee shall have credit for any money paid by him, except he 
shall show a receipt therefor for each item thereof from the person to 
whom such payment was made. 

Sec. 2. This act shall in no way affect any pending litigation. 

Note: Estimates for road purposes and levies therefor are 
now made on or before the first Tuesday in June. See Sec- 
tion 314, this book. 

NOTICE OF ANNUAL. MEETING. 

(Acts 1899, p. 150, Sec. 9592.) 

74. Notice advisory board meeting — l/egal rates for same. Notice 
of the annual meeting of the advisory board must be given by the 
trustee at least 30 and not more than 40 days before it is to be held 
by posting at or near the door of all postoffices in the township and 
by publishing, one insertion, during the first week in August, in each 
of the two leading newspapers published within the county, a statement 
of the several estimates and amounts of the proposed annual expendi- 
tures; the rates of taxation proposed for levy against the property to be 
expended for the ensuing year, for the following funds: 

1. Township. 

2. Local tuition, 

3. Special school. 

4. Road. 

5. Additional road. 

6. Library. 

7. Poor. 

8. Other items. 

The act limits the cost of such publication at $2 to any one news- 
paper in any one year, and the posting at $1.50. 

The trustee is required to furnish within this period to each mem- 
ber of the advisory board a statement of such estimates and amounts. 
He shall also procure and lay before the board, at its annual meeting, 
the assessed valuation of the taxable property, together with the num- 
ber of polls, of his township. 

RIGHT OF TAXPAYER TO ATTEND MEETING. 

(Acts 1899, p. 150, Sec. 9591.) 

75. Meetings of advisory boai'd — Taxpayer's right to be present. 

Any taxpayer has the right to appear and be heard as to any matter 
being considered by the advisory board. 

TOWNSHIP TRUSTEE — ADVISORY BOARDS — TRANSFER OF 

FUNDS. 

(Acts 1913, p. 551.) 
70. When surplus road funds transferred to special school fund. 

If it appears to the advisory board of any township in the State of 
Indiana, at the next annual September meeting of such board, that 



23 Township Trustees. §77 

there is a surplus of the road funds of such township that will not be 
needed for road purposes then such advisory board may, by a unan- 
imous vote, pass a resolution and spread the same upon the minutes 
of such board, directing the trustee of such township to transfer all or 
any specified portion of such surplus road fund, to the special school 
fund of such township, and when any such advisory board shall make 
any such order it shall be the duty of the trustee to transfer said 
fund in compliance to such order, which fund so transferred shall be- 
come a part of the special school fund of such township and be used 
for special school purposes. 

Note: It is believed that such transfer may be made at any 
annual meeting, 

SPECIAL MEETINGS — ^liOANS. 

(Acts 1913, p. 276, Sec. 9595.) 

77. Only power to create debt for joint school building — Emer- 
gency expenditures. Upon a special call of the township trustee, or 
the chairman of the advisory board or a majority of the members of 
said board, given in writing to each member thereof, stating the time, 
place and purpose of the meeting, said board may, if a quorum be pres- 
ent, by consent of a majority of all the members present, determine 
whether an emergency exists for the expenditure of any sums not in- 
cluded in the existing estimates and levy. In the event that such an 
emergency is found to exist said board may authorize by special order 
entered and signed upon the record, the trustee to borrow a sum of 
money to be named sufficient to meet such emergency; and at the next 
annual session of the board a levy shall be made to the credit of the 
fund for which such expenditure is made to cover and pay the debt so 
created: Provided, however. That if at any annual or special meeting 
of said board it shall be found indispensably necessary to provide for 
the construction of a school building, the cost of which building or the 
proportionate cost thereof if the same be a joint graded high school 
building will be in excess of the sum available therefor out of any an- 
nual levy, then in that event such board may authorize such trustee to 
issue township warrants or bonds to pay for such building, or the pro- 
portionate cost thereof, such warrants or bonds to run for a period of 
not exceeding fifteen (15) years; and to bear not exceeding six per 
centum per annum, and to be sold for not less than par; the township 
trustee, before issuing such warrants or bonds, shall advertise that 
bonds are to be sold in not less than one issue a week for three weeks, 
in one paper of general circulation in the county and one paper of 
general circulation in the State capital, setting forth the amount of 
bonds offered, the denomination, the period to run, rate of interest 
and the date, place and hour of selling. The township advisory board 
shall attend the sale of bonds and shall concur therein before such 
bonds are sold. The board shall annually levy sufficient taxes to pay 
at least one-fifteenth of such warrants or bonds, with interest, each 
year, and the trustee shall apply such annual tax to the payment of 
such warrants or bonds each year. In no event shall a debt of the 
township be created except by the advisory board of such township, and 



§78 Township Trustees. 24 

in the manner herein specified, and any payment of any debt not so 
authorized from the public funds of such township shall be recover- 
able upon the bond of the trustee in a suit, which it is hereby made the 
duty of said board to institute and prosecute in the name of the State, 
for the use of said township. And said board is hereby empowered to 
appropriate, and the township trustee shall pay out of the township 
funds a reasonable sum for attorney's fees for such purpose. And if 
the board, on the written demand of any taxpayer, fails for thirty (30) 
days to bring suit, then such or any other taxpayer may bring the 
same, in the name of the State, for the use of the township: Provided, 
however, nothing contained herein shall affect any pending litigation. 

Note: Trustees have no power to contract beyond the funds 
available from present tax levies, unless the funds are raised 
by virtue of this section. Mitcheltree Twp. v. Baker, 5 3 Ind. 
App. 472. 

(Acts 1913, p. 487.) 

78. Act 1913 inoperative. 

Note: By the amending act 1913, approved March 10, 1913, 
gave the Advisory Board power at special meetings to author- 
ize the Township Trustee to borrow money to purchase road 
machinery, dredges or machinery for hoisting road material, 
or other township business. 

This act is believed to be inoperative for the reason that the 
act amended 1913, p. 276, was approved on March 6, four days 
sooner, and carried an emergency clause. 

TAXATION — TUITION FUND, SUPPLEMENTARY. 

(Acts 1903, p. 409, Sec. 6443.) 

79. Supplementary tuition fund — Limitation — Application. The 

school trustees of the several townships, towns and cities shall have 
power to levy annually a tax not exceeding fifty cents on each one hun- 
dred dollars of taxable property and twenty-five cents on each taxable 
poll, which tax shall be assessed and collected as the taxes of the 
State and county revenues are assessed and collected, and the revenues 
arising from such tax levy shall constitute a supplementary tuition 
fund, to extend the terms of school in said townships, towns and cities 
after the tuition fund apportioned to such townships, towns and cities 
from the State tuition revenues shall be exhausted: Provided, how- 
ever, That should there be remaining in the tuition fund of any 
township, town or city levying such tax at the close of any school year 
any unexpended balances of such supplementary tuition fund assessed 
and collected for use in such school year, or previous years, equal to or 
exceeding in amount one cent upon each one hundred dollars of tax- 
able property in said township, town or city, then it shall be the duty of 
the county auditor to take notice of the same, and at the time 
when the trustee or trustees of such school corporation shall make the 
annual levy for such tax such trustee or trustees shall make, under 
oath, an estimate of the amount of supplementary tuition fund that 
will be required to meet the actual expenses of the schools for the next 



25 Township Trustees. §80 

school year, and from such estimate said auditor shall deduct the un- 
expended balance of such fund in such trustee or trustees' hands on 
the first Monday of July, and the said trustee or trustees shall make 
a levy not larger than shall be sufficient to produce a supplemental 
revenue equal to the amount remaining of such sworn estimate after 
such unexpended balance shall have been deducted therefrom. 

TAXATION — LOCAL TAX, HOW APPLIED. 

(Acts 1895, p. 153, Sec. 6444.) 

80. Local tuition tax to be applied within township. The funds 
arising from tax shall be under the charge and control of the same 
officers, secured by the same guarantees, subject to the same rules and 
regulations, and applied and expended in the same manner as funds 
arising from taxation for common school purposes by the laws of this 
State: Provided, That the funds assessed and collected in any school 
township, school town or school city shall be applied and expended in 
the same school township, town or city in which such funds shall have 
been assessed and collected. (R. S. 1914, Sec. 6444.) 

Note: Anticipating. This revenue is not forbidden to be 
anticipated, as is the State's tuition revenue. — Harney v. Wood- 
en, 30 Ind. 178. 

SPECIAL TAX. (SANITARY SCHOOLS.) 

(Section 6616d.) 

81. Limitation of rate — Construction sanitary school house. For 

the construction of sanitary school buildings by township trustees, and 
to carry out certain hygienic and sanitary requirements, the school 
trustee was empowered by the Act of 1911 p. 118 to levy a tax not 
to exceed 5 cents on the $100 to be added to the special school fund, 
to be used only for building and furnishing of such school houses, such 
levy not to be made unless plainly necessary. The limit of the levy 
was increased to 15 cents on the $100 by the Amendment of 1913 
at p. 71. 

TAXATION — SPECIAL SCHOOL TAX. 

(Acts 1905, p. 491, Sec. 6441.) 

82. Special school tax — When used to pay teachers. The trustees 
of the several townships, towns and cities, shall have the power to levy 
a special tax, in their respective townships, towns or cities, for the 
construction, renting or repairing of school houses, providing furni- 
ture, school apparatus, and fuel therefor, and for the payment of other 
necessary expenses of the school, including tuition and teachers' sal- 
aries, whenever in any current year the tuition funds shall have been 
exhausted; but no tax shall exceed the sum of fifty cents on each one 
hundred dollars worth of taxable property, and one dollar ($1.00) on 
each poll, in any one year, and the income from said tax shall be de- 
nominated the special school revenue. 



§83 Township Trustees. 26 

SPECIAL SCHOOL FUND — TRANSFER TO TOWNSHIP FUND. 

(Acts 1907, p. 340, Sec. 6446.) 

83. Transfer of township fund to special school, when. When- 
ever a township shall have collected a special tax for the specific pur- 
pose of erecting or constructing a school building and the trustee hav- 
ing decided to abandon the erection thereof, it shall then be his duty 
to transfer such special fund to the township fund, upon the order of 
the advisory board of such township. 

It shall then be lawful to use such fund for township expenditures. 

SPECIAL TAX TO PAY DEBTS. 

(Acts 1S73, p. 209. Sec. 6445.) 

84. Declaration of majority of voters of township. In all cases 

where there have been debts contracted by the township for the con- 
struction, repairing or completion of schoolhouses, or for furnishing 
same, and the special levy of taxes shall be insufficient to liquidate the 
debts so contracted by the trustee, it shall be lawful to levy an addi- 
tional tax not to exceed 25 cents on $100, on the taxable property of 
the township, in any one year, and for each and every year until said 
debts, so made and contracted as aforesaid shall be fully paid, sat- 
isfied and liquidated. 

This additional levy shall only be made after the legal voters of 
the township shall have declared in favor thereof. 

Note: No provision is made to obtain the necessary declara- 
tion of the legal voters. It is doubtful whether a levy made 
under this section could be enforced. — Editor. 

CASH BOOK — DAILY BALANCES. 

(Acts 1907, p. 391, Sec. 7522.) 

85. Cash book — Must show daily balances. Every public officer 
who receives or disburses public funds must keep a cash book in 
which there shall be entered daily, by item, all receipts and disburse- 
ments of public funds, which cash book shall be daily balanced, show- 
ing funds on hand at the close of the day. Such book shall be a pub- 
lic record and open to public inspection. 

TOWNSHIP BOARD OF FINANCE. 

(Acts 1907, p. 391, Sec. 7530.) 

86. Who composes the township Board of Finance— Powers. The 

advisory board of each township is the board of finance for the town- 
ship, for both civil and school funds, and has advisory supervision for 
the safe keeping and deposit of all public money belonging thereto. 

(Acts 1907, p. 391, Sec. 7531.) 

87. Requirements of trustee — -Reports to Secretary. Township 
trustees who receive or have on hand public funds subject to deposit, 
shall deposit the same in the depository selected by the board of finance, 
and shall file with the secretary of such finance board a verified state- 
ment of the funds deposited. 



27 Township Trustees. §88 

(Acts 1009, p. 182, Sec. 7532.) 

88. Qualifications of a designated depository — Securities. No pub- 
lic funds shall be deposited in any bank, bank institution or trust 
company in this state unless such institution is subject by law to 
visitation and examination by the comptroller of currency of the United 
States through national bank examiners, or by the auditor of state 
through state examiners, and until such depository has presented to 
said board of finance a personal bond executed by not less than seven 
freeholders of the State as security for a sum equal to 60 per cent, 
of the maxium amount of funds to be held on deposit at any one time; 
or a surety company bond equal to 50 per cent of such deposit, to be 
approved by such board of finance. 

(Acts 1909, p. 182, Sec. 7533.) 

89. Kinds of securities required. Other form of securities for pub- 
lic depositories may be allowed in the way of any county bonds issued 
for the improvement of roads, other county bonds, bonds of the State 
or of the United States, being delivered to the board of finance for the 
full face value equal to one-half of the maxium amount to be deposited 
with such depository. Such boards shall determine the value and va- 
lidity of such securities before accepting same. 

A depository is allowed to deposit a portion of such bonds and 
make up the remainder of surety required by personal bond or a 
surety company bond. 

(Acts 1909, p. 437, Sec. 7535.) 

90. How proposals shall be invited. The Secretary of the Board 
of Finance is required to send by registered mail to each bank or 
trust company eligible to become depositories for the township, writ- 
ten invitations to submit proposals to receive public funds on deposit. 
Such invitation shall be sent 20 days prior to the meeting of the Board. 
This mailed notice is in lieu of the published notice as required by 
Sec. 14 of the Act of 1907. Special meetings of the Board of Finance 
may be held when necessary. The Board shall meet on the first Mon- 
day in January, biennially on odd years, and designate public deposi- 
tories. See Sec. 7538, Burns' R. S. 

PROPOSAL FOR FUNDS — INTEREST. 

(Acts 1909, p. 438, Sec. 7536.) 

91. Rates of interest to be paid by depository. Any eligible bank 
or trust company desiring such deposits shall file with the board of 
finance, on the day so fixed, its written proposal to receive a maxium 
sum of the public funds on deposit; agreeing to pay a rate of interest 
as follows: 

2 per cent per annum on daily balances; 

21 per cent per annum on semi-annual time deposits; 

3 per cent per annum on annual time deposits. 

They are required to file the necessary bond, or securities, within 
five days after notice of the award. 

All interest earned on such public deposits of the township trustee 
shall be applied to the tuition fund of such township. 



§92 Township Trustees. 28 

MONTHLY STATEMENT — CHECKS. 

(Acts 1907, p. 391, Sec. 7541.) 

92. All checks must be officially signed by trustee. Section 20 of 
the public depository act requires that the interest on the public de- 
posits shall be credited monthly by such depository, and a statement 
thereof be transmitted to the officer on the first day of the month for 
such preceding month. 

All checks drawn on such depository shall be signed ])y the officer 
in his official capacity. 

MORE THAN ONE DEPOSITORA^ — MAXIMUM TRANSFER. 

(Acts 1913, p. 279, Sec. 7542.) 

93. When more than one depository. More than one depository 
may be awarded deposits by the board of finance, but the award shall 
not exceed $500,000 in any single depository. 

In case there is no bank or trust company within the township 
which shall receive such deposits of funds on the required terms, then 
the funds may be deposited in one or more qualifying banks of the 
county which are most convenient, but there shall be no discrimina- 
tion as between banks of equal convenience outside of the township. 
The trustee is required to deposit and maintain the balance in each 
depository as nearly as practicable in proportion to the maximum sum 
awarded to such depositories. 

If any depository shall desire to relinquish its deposit; or if a desig- 
nated bank shall increase its capital stock after its award, and shall 
file bonds or securities for additional deposits proportionate to such 
increase of capital, then the board of finance has the power and au- 
thority to readjust the awards, and to order the trustee to make proper 
transfer of funds. 

TIME OF MAKING DEPOSITS. 

(Acts 1911, p. 616, Sec. 7545.) 

94a. Time when deposits shall be made. The funds collected or 
received by a township trustee must be deposited in a public deposi- 
tory, provided therefor, on or before the 1st and 15th days of each 
month. 

No township trustee shall draw any check upon any such depository 
except in payment of a legal claim against his township, or school 
township. 

FAILURE TO MAKE DEPOSIT — ILLEGAL DRAWING OF CHECK — 

PENALTY. 

(Section 7545.) 
94b. Failure to make deposit — Illegal drawing of check — Penalty. 

If any trustee fails to deposit the public funds coming into his hands 
in accordance with the statute, or draws any check contrary to the 
provisions of the statute, he is deemed guilty of embezzlement; and 



29 Township Trustees. §95 

on conviction is subject to a penalty of imprisonment in the state 
prison from one to twenty years and a fine not exceeding $1,00 0, to 
whicli penalty is added removal from office and liability on his official 
bond for any loss or damage which may accrue. 

DEPOSIT EXEMPTS TRUSTEE FROM LIABILTTV. 

(Acts 1907, p. 391, Sec. 7546.) 

95. Trustee's exemption from liability. When public funds have 
been deposited as provided under the provisions of this law, the trus- 
tee and his bondsmen are exempted from liability by reason of the 
loss of such funds from failure, bankruptcy or any other act of the 
depository to the extent of the funds in the hands of such depository 
at the time of such failure or bankruptcy. 

TRUSTEE'S ACCOUNTS — INSPECllON OF. 

(Acts 1865, p. 3, Sec. 6429.) 

96. Books subject to inspection, Avhen and by whom. The books, 
papers and accounts of any trustee, relative to schools, shall at all 
times be subject to the inspection of the county superintendent, the 
county auditor, and the board of county commissioners of the proper 
county. 

EXAMINATION OF TRUSTEE AND HIS BOOKS. 

(Acts 1865, p. 3, Sec. 6430.) 

97. Must produce books, on three days' notice. For the purpose 
of such inspection, such county superintendent, auditor, and board of 
county commissioners may, by subpoena, summon before them any 
trustee, and require the production of such books, papers and accounts, 
three days' notice of the time to appear and produce them being given. 

CORRECTION OF ACCOUNTS. 

(Acts 1865, p. 3, Sec. 6431.) 

98. Books may be corrected — Removal for fraud. If any such 
books and accounts have been imperfectly kept, said board of com- 
missioners may correct them, and, if fraud appear, shall remove the 
person guilty thereof. 

COLI.ECTION OF TAXES — WHEN PAID TO TRUSTEE. 

(Acts 1859, p. 220, Sec. 9576.) 

99. Semi-annual payment of taxes collected — Road tax — In June. 

All township taxes are collected by the county treasurer as other taxes 
are collected, except the road tax, which is all paid at the first (May) 
installment, and distributed to the trustee by the treasurer after his 
June settlement w^ith the auditor. All other taxes than the road tax 
are paid to the trustee by the county treasurer after each semi-annual 
settlement with the auditor. 



§100 Township Trustees. 30 

PAYMENT OF SURPLUS OF SPECIAL TAXES. 

(Acts 1897, p. 271, Sec. 9577.) 

100. When to be applied to the township fund. Unexpended bal- 
ances of special taxes to purchase gravel roads, or to aid railroads 
must be paid back to township trustees by the county treasurer and 
are applied to the township fund. 

Note: This does not apply to surplus from gravel road con- 
struction funds. See Section 7729a Burns' R. S.; Section 101 
of this book. 

(Acts 1913, p. 941, Sec. 7729a.) 

101. How sui'plus free gravel road tax may be used. However, in 
case there exists an insufficient amount to liquidate the indebtedness 
of any free gravel road in any township, under the provisions of an 
act 1913, p. 941, a surplus arising from another road constructed in 
the township, shall be transferred, by orders of the county commis- 
sioners, to a "General gravel road by taxation fund" and applied in 
payment of the insufficient roads account. 

Note: See Section 100, this book, for disposition of surplus 
from gravel road purchase funds. 

RECORDS AND BOOKS. 

(Acts 1859, p. 220, Sec. 9579.) 

102. Open at all times for public inspection. The records and other 
books of the township trustee shall always be open for public inspec- 
tion. 

(Acts 1909, p. 141, Sec. 7546i.) 

103. State board of accounts examination of trustee's accounts. His 

boQks are subject to examination by the state board of accounts. 

(Acts 1913, p. 154, Sec. 1347.) 

104. Publication in newspapers — AVhen may publish in independent 
newspaper. When trustees are required by law to publish notices 
and reports in a public newspaper, they are required to publish the 
same in two newspapers published in their respective counties, repre- 
senting two political parties casting votes in such counties at the last 
preceding general election, one of which shall represent the party 
casting the highest number of votes at said election, if there be such 
newspapers published in the county. If there are not two papers repre- 
senting such parties published in the county, then such notices or 
reports shall be published in an independent newspaper. 

(Acts 1913, p. 761, Sec. 1346a.) 

104a. May publish in daily or weekly newspaper. Act of 1913, pro- 
vides that any legal notice, in township business, theretofore required 
to be published in a weekly newspaper, may thereafter be published in 
either a daily or weekly newspaper. 



31 Township Tkustees. §105 

SUITS AGAINST TOWNSHIP. 

(Acts 1859, p. 220, Sec. 9580.) 

105. When trustees may employ an attorney — Litigation. In all 

suits against the township, process shall be served by copy on the 
township trustee, at least 10 days before the return day of such process. 
The trustee is empowered to employ an attorney to defend any 
suit or proceeding in which the township may be interested. 

TOWNSHIP BUSINESS — FUNDING OR REFUNDING BONDS. 

(Acts 1911, p. 190, Sec. 9585.) 

106. Township business — Funding or refunding bonds — Tax levy — 
Sinking fund. Any township in the State being indebted, or hereafter 
becoming indebted, and whose indebtedness if [is] or shall be, evi- 
denced by bonds, notes or other obligations heretofore, or hereafter, 
issued, or negotiated by such township, may for the purpose of fund- 
ing or refunding such indebtedness, or any part thereof, reducing the 
rate of interest thereon, extending the time of payment and cancelling 
so much thereof as may be due or shall hereafter become due, by the 
vote of two-thirds of the members of the township advisory board, 
and with the approval of the township trustee, issue its bonds, with 
interest coupons attached, for an amount not exceeding in aggregate 
the whole amount of the indebtedness of such township; which bonds 
may be of any denomination not less than fifty nor more than one 
thousand dollars and shall be payable at any place named therein and 
at any time not later than thirty years from the date thereof, and 
shall bear any rate of interest not exceeding four and one-half per 
cent, per annum, payable annually or semi-annually, and be sold at not 
less than par value. The township advisory board and the township 
trustee of such township shall add, or cause to be added, to the tax 
duplicate of such township a levy sufficient to pay the yearly interest 
on such bonds and also not less than five cents on the hundred dol- 
lars tax valuation to provide a sinking fund for the liquidation of the 
principal when it shall become due; which sinking fund, together with 
the interest increase or profit thereon, shall be applied solely to the 
payment of such bonds. 

SYSTEM OF ACCOUNTING AND REPORTING. 

(Acts 1909, p. 150.) 

107. Trustee required to use forms prescribed by state board of 
accounts. It is the duty of the trustee, under the provisions of act 
1909, creating the state board of accounts, to use all books, forms, 
records and systems of accounting and reporting prescribed by the 
state board of accounts for uniform use in all the townships of the 
State. 

If he shall fail to do so he becomes subject to a fine of not less than 
$10 0, and removal from office. 



§108 Township Trustees. ' 32 

PUBLIC ADVERTISING. 

(Acts 1879, p. 130, Sec. 9604.) 

108. Legal rates of advertising — How set up. The act 187 9, fixes 
the printer's advertising rates for all public advertising at $1 per 
square of 250 ems for the first insertion; 50 cents for each additional 
insertion. 

Such advertisement shall be set up in solid reading type as the 
newspaper is printed, without leads, and without more than two dis- 
play lines to each, which display lines are to occupy no more space 
than four lines of regular reading matter. 

In case the trustee can not procure such rates, the act provides that 
written or printed notices duly posted shall be sufficient, without news- 
paper publication. 

IlVTOXICATIiVG LIQUORS — "PROCTOR LAW." 

(Acts 1911, p. 262, Sec. 8323bl.) 

109. When Township receives part of liquor license fee. Sec. 2 3 
provides for amount of the liquor license fee, regulating the fee of 
$200 in retail licenses to be paid to the credit of the tuition fund of 
the county. 

Additional license fees are required to be paid and graded in 
amounts on location, viz.: 

That if such premises are located within the corporate limits of 
first and second class cities, or within four miles therof, an annual 
fee of $300; 

All other cities, or within two miles of its corporate limits, an an- 
nual fee of $200; 

Incorporated towns, or within two miles of its corporate limits, 
$150; 

If located without the corporate limits of any city or town, and not 
within the distance above set out, the annual fee of $50 shall be paid 
into the township treasury. 

Note: The act of 1915, at page 2 0, providing for the re- 
turn of license fee, does not apply to the fee paid to a town- 
ship. 

INTOXICATING LIQUORS — LOCAL OPTION. 

(Acts 1911, p. 369, Sec. 8323b.) 

110. How Township pays expenses of election. Sec. 10 provides 
for the payment of the expenses of an election held under the local 
option act, when held in any township or in the territory in any town- 
ship outside of any incorporated city, or cities, therein, all of which 
shall be paid by such township. 

It becomes the duty, in such case, for the county auditor to file 
with the township trustee an itemized statement of the expenses of 
such election, setting forth the names of each person to whom the 
same are payable and such expenses shall be paid out of the town- 
ship fund. 

Note: When such election is held only within an incor- 
porated city, the expenses therefor are paid by such city, and 
not by the township. 



33 Township Trustees. §111 

TOWNSHIP LIBRARIES. 

(Acts 1865, p. 3, Sees. 6647-6653.) 

111. Trustee to provide book cases. The old law of 1865 makes it 
the duty of the superintendent of public instruction to superintend the 
purchase of books for Township Libraries, and distribute such books 
to the several townships. 

The library is placed under the charge of the trustee, who is re- 
quired to provide bookcases, preserve the books and keep an account 
to whom loaned. Every family in the township is entitled to the use 
of two volumes at one time from the library, and it became the duty 
of the trustee to post notice at commencement of each school term, 
at each school house, stating where the library is kept and inviting 
the free use of the books by the persons of the townships. 

Note: It is believed that the township library law is re- 
garded as obsolete in practically all the counties of the State. 

(Acts 1877, p. 122, Sec. 6403.) 

112. County board of education — Care and management. Under 
the amendment of the act 1877, establishing a county board of educa- 
tion in each county, it is provided that the care and management of 
township libraries shall be determined by that board. 

LIBRARY — CITY OR TOWN — TAX. 

(Acts 1909, p. 337, Sec. 4912a.) 

113. Townships may join with incorporated city or town. When- 
ever the library board of any incorporated city or town shall file notice, 
with the advisory board of the township wherein such city or town 
is situated, of consent to make such library free and open to all the 
people of said township, or townships, on the condition of such town- 
ship contributing to the support of such public library; such advisory 
board shall, upon the petition of 5 resident taxpayers, real estate 
holders in such township not already taxed for such library, make an 
annual appropriation and levy not less than 5 cents, nor more than 
10, on each $100 property of the township, excluding the property 
of such town or city, to be applied to the library fund of such library. 

Where the privilege of the use of such library has already been 
extended free to the people of such township, upon notice to the ad- 
visory board by the library board that at least one-tenth of the families 
of the outside taxpayers in such township, are users of such library, 
such advisory board shall make the- appropriation and levy without the 
filing of such petition. 

Where any township coming under the provisions of the act, owning 
a township library, and levies a library tax therefor, it shall be dis- 
cretionary with the advisory board whether or not such tax for such 
city or town library shall be levied. 

Said library shall remain open and free to the people of such town- 
ship so long as the families of one-tenth of the outside taxpayers are 
found users of such library. 

When such tax is not levied, or is discontinued, the library board 

3—4843 



§114 Township Tkustees. 34 

may issue and sell a certificate or library card to such township resi- 
dents at such annual fee as may be a fair compensation for the privi- 
leges extended. 

(Acts 1911, p. 330, Sec. 4912b.) 

114. Additional provisions — Powers of advisory board. This law 
was re-enacted in 1911, with additional provisions: providing for the 
extension of the use of the library to any neighboring township in the 
county; that the advisory board may levy the tax and make the ap- 
propriation without the petition; and in the case any township com- 
ing under the act owns a township library, it is left to the discretion 
of the advisory board, whether or not, such tax shall be levied for the 
city or town library. 

TOWNSHIP MBRARY — TRANSFER OR REVERSION. 

(Acts 1899, p. 228, Sec. 4913-4914.) 

115. When abandoned library books revert to to^^^lship. The 

board of commissioners are authorized, by proper order entered on its 
records, to abolish a township library and require its property to be 
turned over and transferred to the trustees or managing officers of 
any library which may have been established by donation to the value 
of $1,000 in the township, and in case of abandonment of such library, 
the books, papers and paraphernalia shall revert to such township. 

TOWNSHIP LIBRARY — MANAGERS. 

(Acts 1901, p. 187, Sec. 4908.) 

116. Trustee an ex-ofiioio member of board. In townships where 
a donation library has been established, as provided in Section 117 
herein, the trustee shall be ex-officio one of the trustees, directors or 
other managing officers of such library. 

TOWNSHIP DONATION LIBRARIES ($1,000). 

(Acts 1901, p. 187, Sec. 4907.) 

117. When $1,000 donation is made — Tax levy. In townships 
where there may be established a library by private donation, to the 
value of $1,000 or more, which is for the use and benefit of all the 
inhabitants, including the inhabitants residing in municipal corpora- 
tions in the township, the township advisory board shall annually levy 
a tax of not less than one, nor more than six cents on the $100 upon 
the total taxables of the township and such municipal corporations, to 
be applied to the purchase of books for such library. 

For enlargement of the library the advisory board shall levy not 
more than five cents on the $100, for three consecutive years for such 
purpose. 

TOWNSHIP DONATION LIBRARY (,$25,000 value). 

(Acts 1895, p. 240, Sec. 4606.) 

118. Duty of ti'ustee when $25,000 donation is made. In any town- 
ship where there have been private donations made and a library of 



35 Township Trustees. §119 

the value of $25,000 has been established for the use and benefit of 
the inhabitants of such township, the township trustee of such town- 
ship shall annually levy and collect a tax not more than six cents on 
the $100, with the consent of the board of county commissioners, to 
be applied to the purchase of books for such library. 

When necessary to purchase additional ground or for the protection 
of library buildings already established by such donation, the trustee 
may levy a tax of 5 cents on the $100 of taxables for such purpose, 
for not more than three years. 

Note: It is believed that the advisory board, and not the 
trustee, should make the levy for the tax. — Editor. 

TOWNSHIP DONATION LIBRARY ($1,000 value). 

(Acts 1886, p. 5, Sec. 4905.) 

119. Duty of trustee when $1,000 donation is made. In any town- 
ship where there have been private donations made and a library of 
the value of $1,000 has been established for the use and benefit of the 
inhabitants of such township, the township trustee of such township 
shall make an annual levy of not more than one cent on the $100 of 
taxable property, with the consent of the board of commissioners, to 
be applied to the purchase of books for such library. 

When it becomes necessary to erect or enlarge a library building, 
the trustee may levy an annual tax not more than 5 cents on the $10 0, 
for not more than three years to erect or enlarge such library. 

Note: It is believed that the advisory board, and not the 
trustee, should make the levy for the tax. — Editor. 

LIBRARY— TOWNSHIP TAX. 

(Acts 1911, p. 73, Sec. 6660.) 

120. Election for a library tax 'for librai'y. The advisory board of 
any township desiring to establish and maintain a public library open 
to and for the free use of all the inhabitants thereof, may levy a tax 
annually of not more than one mill on each dollar of taxable property 
assessed for taxation in such township. If the advisory board do not 
make such levy, then, on the written petition of fifty legal voters of 
any township filed with the county clerk not less than fifteen days prior 
to a township election, the county board of election commissioners 
shall cause to be printed on the township ballots for such township 
the words: "For a township library tax." "Yes." "No." If in the 
election a majority of the votes cast on said question shall be in the 
affirmative, the township trustee shall thereafter levy annually a tax 
of not less than five-tenths of a mill nor more than one mill on each 
dollar of the property taxable in said township for the establishment 
and support of a township library free to all inhabitants of such town- 
ship, which tax shall be levied, assessed, collected and paid as other 
township taxes are levied, assessed, collected and paid: Provided, 
That after such library has been established such tax levy shall be dis- 
continued when, under the above provision, the question of discon- 



§121 Township Trustees. 36 

tinuing such levy shall have been submitted to a vote and the majority 
of the \otes cast on said question shall be in the negative: Provided 
further, That if there be located in said township a public library 
open to the use of all the inhabitants thereof, then the proceeds of 
said tax shall be paid to said public library. Be it further enacted, 
that in any township outside of cities in which there has been or may 
hereafter be established by private donations a library of the value 
of ten thousand dollars or more, including the real estate and build- 
ings used for such library for the use and benefit of all the inhabitants 
thereof, the township trustee of such township shall annually levy 
and collect not more than six cents on the hundred dollars, upon the 
taxable property within the limits of such township, which shall be paid 
to the trustees of such library, and be applied by them to the purchase 
of books for said library and to the cost of the maintenance thereof, 
and said trustee may, with the consent of the board of commissioners 
of the county, when it shall become necessary to purchase additional 
ground for the extension or protection of library buildings already 
established by such private donation, annually levy and collect not 
more than five cents on the hundred dollars upon all taxable property of 
said township for not more than three years successively, which shall be 
expended by said trustees in the purchase of said property and the 
erection and enlargement of library building thereon. 

LIBRARY BOARD — TOWNSHIPS UNITING. 

(Acts 1911, p. 73, Sec. 6661.) 

121. Township librai'v board — Townships uniting.' In any township 
where a free public library is established as above provided, there shall 
be established a township library board composed of the school town- 
ship trustee and two residents of the township, to be appointed by the 
judge of the circuit court (one of whom shall be a woman). Of the 
first two members of such board so appointed one shall be appointed 
for a term of two years and one for four years, and thereafter the 
term of office shall be four years. Such library board shall have con- 
trol of the purchase of books and the management of such library, 
and shall serve without compensation. Said library shall be the prop- 
erty of the school township, and the school township trustee shall be 
responsible for the safe preservation of the same. Said board shall 
be entitled to the possession and custody of any books remaining in 
the old township library in such township and such board shall be 
empowered to receive donations, bequests and legacies for and on 
behalf of such library, and shall be entitled to receive from the pub- 
lic library commission and state librarian copies of all documents of 
this state available for distribution. Two or more adjacent townships 
may unite to establish and maintain a public library at the discretion 
of the advisory boards, and when two or more townships have so 
united, the combined library boards, appointed as herein specified or 
the board of the public library to which such money is paid as herein 
provided, shall control the library so established. 



37 TownshipJTrustees. §122 

PUBLIC BUILDINGS — CONTRACTORS AND SUB-CONTRACTORS. 

(Acts 1911, p. 437, Sec. 590a.-b.) 

122. Conii)lete settlement for imblic building to be withhekl— Con- 
tractors — Sub-contractors— Laborers — Disputes. Under suppleinental 
act 1911, public officers who are empowered to let contracts for any 
public buildings of State, county or township, or the repair thereof, 
are required to v/ithhold full payment to the contractor until he has 
paid to the sub-contractor or laborers employed in such contract all 
bills due and owing the same, provided there is a sufficient amount 
owing the contractor to pay all such bills and if there is not such, 
unpaid bills shall be pro rated. 

Such sub-contractor and laborers are required to file their claims 
with the trustee within thirty days from the completion of the public 
work. Where no dispute arises between the contractor and the sub- 
contractor or the laborer, the trustee shall pay, as above, take receipts 
therefor and deduct the sums so paid from amount due the contractor. 
In case a dispute arises between them, sufficient funds shall be re- 
tained by the trustee to satisfy such claims, until such disputes are 
settled and the correct amount determined, w^hen the trustee shall 
pay as aforesaid. 

All contracts for any public building, improvement or repairs, shall 
make provision for such withholding by the trustee of funds sufficient 
to pay for labor, material and sub-contractors, and the bond required 
and given by such contractor shall be so conditioned, provided, how- 
ever that laborers, material-men and sub-contractors shall file such 
unpaid claims with the trustee within thirty days after the labor is 
performed or the material furnished. 

REMOVAL OF COUNTY SEATS. 

(Acts 1895, p. 217, Sec. 5869.) 

123. Special act 1895— Counties exceeding 500 square miles — 
Bonds of township. Under one of the acts for removal of county seat, 
see Acts 1895, p. 217, in counties containing an area of over 500 square 
miles, it is provided, that the trustee of the township to which the 
county seat is to be removed shall annually levy a special tax, to be 
known as "the court house and jail tax," for the purpose of paying for 
those county buildings by such township. 

(Acts 1895, p. 217, Sec. 5886.) 

124. Tax levies for i3ayment of these bonds. This act also provides 
for the issuance of bonds to anticipate the tax levies. Such bonds shall 
bear a rate of interest not exceeding six per cent., and shall not be sold 
for less than par. 

The act gives form of this bond and relates the process of sale of 
them. 

The township bears all the expenses of the removal. 



§125 Township^Trustees. 38 

BURIAL OF EX-UNION SOLDIERS. 

(Acts 1907, p. 330, Sec. 9774.) 

125. Duty of the Trustee as to burial of ex-union soldiers or their 
widows. It is the duty of the Trustee to look after and caijse to be 
buried by the undertaker designated by the family, if any, or the near- 
est relatives of the deceased, in a decent and respectable manner, in 
any cemetery or burial ground in the State, other than those used ex- 
clusively for the pauper dead, at an expense not to exceed $50, the 
body of any honorably discharged soldier, sailor or riiarine who may 
have, at any time, served as a regular or volunteer soldier, sailor or 
marine in the army or navy of the United States, or the body of the 
wife or widow of such soldier, sailor or marine, who shall have died 
a resident of this State, not leaving means sufficient to defray the 
necessary funeral expenses, or whose immediate family is in such 
indigent circumstances that its members would be distressed by the 
expense of such burial. 

When such Trustee finds a necessity therefor, he shall in addition to 
such burial, purchase a burial place for such soldier, sailor or marine 
in the most accessible cemetery. 

Note: Relative to this matter, see Gardner v. Board, 161 
Ind. 149, and Shirfey v. Board, 26 Ind. App. 66. 

Note: The act of 1915, at page 12, provides for the burial 
of any honorably discharged soldier, sailor or marine, regular 
or volunteer, or the wife or widow of such; and for the allow- 
ance, by the board of commissioners, of the claim of any in- 
terested person for an amount not exceeding $50.00. 

It also provides for the purchase of a burial place for such, 
not to exceed a cost of $25.00, all to be paid from the county 
fund. 

Note: It is believed that the act of 1915 repeals Sections 
9774 and 9775, Burns' R. S., Sections 125 and 126 this book, 
and that the Trustee is now relieved of the duty of burying 
soldiers and sailors except as far as such duties may be en- 
joined by the poor laws. — The Editor. 

RECORD OF BURIALS. 

(Section 9775.) 

126. Duty of Trustee to report to board — Allowance^ — Record. The 

record of such burials shall not be kept in the pauper books of the 
township; but such burials shall be promptly reported by the Trustee 
to the county commissioners, and shall be allowed and paid out of the 
county treasury as other legal charges are allowed and paid. 
Note: See notes above. 

SOLDIERS' MONUMENT. 

(Acts 1911, p. 335, Sec. 9589e.) 

127. Law 1913, as to erection of soldiers' monument — Petition. 

Under the provisions of act 1913, upon the petition of a majority of the 
voters, based on the votes cast at last preceding election for secretary 
of state, township Trustees are authorized and empowered to appro- 



39 Township Trustees. §128 

priate from the funds of the township a specific sum for the purpose 
of the erection of a suitable monument within such township, in com- 
memoration of the soldiers who fought and died in the war of the rebel- 
lion, and in defense of the United States, such sum not to exceed the 
sum which may have been donated to the township for that purpose. 

The township advisory board is authorized under the act to make 
the proper tax levy for such purpose. 

ENUMERATION OF VOTERS — SEXENNIAL. 

(Acts 1865, p. 41, Sees. 7132, 7150, 7151-7154.) 

128. How shall be made — White and colored voters, separately. 

Under the provisions of act 18 65, S. p. 41, at the end of each successive 
period of six years after the year 1871, it becomes the duty of the 
township Trustee to take the enumeration of all white male inhabitants 
over the age of twenty-one years. Under the subsequent act of 1877, 
at p. 59, the enumeration of all colored male inhabitants is required 
to be made at the same time, to be kept in a list to be designated as 
"colored male inhabitants" and to be kept separate from the list of 
"white male inhabitants. " 

The work of taking the enumeration of his township may he per- 
formed by the Trustee, or by one or more assistants appointed by him, 
who are required, before entering on such duties, to subscribe to an 
oath to be filed and kept by the trustee, for the honest and faithful 
performance of their duties. 

This enumeration must be made between the first days of January 
and July of such sexennial year. 

The report must contain the names of all persons, as above men- 
tioned, arranged in alphabetical order, showing opposite the name of 
each person, his age as nearly as the same could be ascertained. 

The returns shall contain the certificate of the Trustee under oath 
that all persons named therein are 21 years of age, and that no per- 
son was knowingly or negligently omitted from the list. Assistant 
enumerators are subject to removal at any time by the trustee. 

The lists so taken shall be promptly transmitted to the county 
auditor, and any errors or omissions may be corected by the Trustee 
before such delivery. 

Compensation for such services is the same as for taking the enu- 
meration of school children, and is paid out of the county treasury. 

Any enumerator who shall fail to perform his duty is deemed guilty 
of official negligence, and is subject to a fine of from $50 to $500. 
Thirty days imprisonment in jail may be added. 

Any enumerator who shall be guilty of any fraudulent act or omis- 
sion in relation to his duties, is deemed guilty of official fraud and 
is subject to a fine of from $100 to $1,000. Six months' imprisonment 
in jail may be added. 

Any enumerator who shall willfully and corruptly suppress the 
truth, or make any false statement in regard to his return under his 
oath shall be deemed guilty of perjury, and upon conviction thereof 
shall be punished as is prescribed for that offense. 



§129 Township Tkustees. 40 

DRIFTS AND OBSTRUCTIONS — CLEARING OF. 

(Acts 1913, p. 945, Sec. 10139a.) 

129. Abutting owners to clean. The act of 1913 regulating the 
clearing of obstructions of any small stream of water, not navigable 
and not exceeding ninety feet in width, between banks, requires that 
abutting owners shall clean out all drifts and obstructions from 
the channel, as to leave the same free and open for the free flow of 
water therein. This is required to be done in equal proportions by 
such owners. 

When the obstruction affects the lands of other owners which do 
not abut such stream, the township trustee after notice by not less 
than two interested parties shall appoint three disinterested parties 
to view such land and determine upon the equitable amount each land- 
owner affected should pay or work out in the removal of such obstruc- 
tions, according to the benefits derived. 

If any person fails to pay such equitable amount so determined, 
or work out the amount thereof, the Trustee shall cause the same to 
be worked out under his direction in removing such obstruction, and 
the cost thereof shall be placed upon the tax duplicate, and the same 
shall be collected as other taxes. 

Any aggrieved person may appeal to the circuit court of his county. 
It is provided, if any township property or roads are affected by 
such obstruction, one-half of the cost of removing such obstruction 
shall be paid by the township and the remainder by the owners af- 
fected. 

Note: It is doubtful whether the provision that the Trustee 
may remove obstructions and make the cost thereof a lien 
upon the land of non-abutting owners is valid, because no 
provision is made for giving notice to such owners. No doubt 
a decision from the courts will be necessary to determine the 
meaning of the last sentence of the act. — Editor. 

DOG TAX. 

(Acts 1897, p. 178, Sec. 3258-3259.) 

130. Collected by township assessor — Payment to Trustee. The 

tax is collected by the township assessor, who, within five days after 
the completion of the township assessment, must turn over to the 
Trustee all money received by him as dog tax and all records relating 
to its collection and a copy of all receipts issued to persons paying 
such tax. Unpaid dog taxes must be paid to the trustee after the 
assessor completes his assessment. 

(Acts 1892, p. 178, Sec. 3262.) 

131. Delinquent dog owTiers reported to Trustee — Pr<Ksecuting at- 
torney. The township assessor is required to report all delinquent 
dog owners to the Trustee, at the time of making his other report. It 
becomes the duty of the Trustee to report the same to the prosecuting 
attorney, who shall bring action against such persons. If any person 
shall acquire, own, harbor or keep a dog after the assessor shall have 
completed his assessment, such owner shall report to and pay the prop- 



41 Township Trustees. §132^- 

er tax to the Trustee, whose receipt will exempt the owner from fur- 
ther payment until the next assessment. 

(Acts 1879, p. 178, Sec. 3268.) 

132. Purposets of the fund. The money derived from taxing dogs 
shall be used for the payment of damages sustained by owners ol 
sheep, cattle, horses, swine and other live stock, or fowls killed, maimed 
or damaged by dogs within the township. 

(Acts 1897, p. 178, Sec. 3269.) 

133. Claims for damages — Appraisement. The owners of sheep, 
cattle, swine, horses, and other live stock or fowls killed, maimed or 
damaged by dogs, shall v.dthin ten days from the time thereof, report 
to the Trustee of his township under oath in which he shall state the 
number and age as he believes, and the value of such stock or fowls 
so killed or damaged, and the damages sustained on account of such 
stock or fowls killed or jnaimed, in which affidavit he must be joined 
by two disinterested and reputable freeholders, or householders, and 
any person or persons who shall make any false statements of such 
damages, shall upon conviction be fined in any sum, not exceeding one 
hundred dollars to whicli shall be added imprisonment in the county 
jail, for any term not exceeding thirty days: Provided, however, That 
no appraisement shall exceed the actual cash value for which such live 
stock or fowls would have sold for if placed on the market at the time 
such damage was sustained: Provided, further. That if any township 
Trustee deems the appraisement of such live stock or fowls so killed or 
maimed to be excessive he shall tender to the owner or owners, or credit 
upon his books such amount which in his judgment is equal to the in- 
juries sustained, and if in any action at law by the owners thereof for 
the recovery of such damages, said owner shall fail to recover a judg- 
ment exclusive of costs for an amount greater than the amount so 
tendered the defendant shall recover costs of such suit. 

Note: The claim must be filed with the Trustee within ten 
days from the date when the dog bites, or injures, the animal, 
and not ten days from the date of the death of the animal. 

(Acts 1897, p. 178, Sec. 3270.) 

134. Trustee's registry of claims — Suiplus over $100. The Trustee 
shall register all losses in the order in which they are reported: Pro- 
vided, That no person shall receive pay for sheep, horses, cattle, swine 
or other live stock or fowls killed or maimed by any dog or dogs owned 
or harbored by himself: Provided, further, That the dog fund here- 
tofore collected shall be added to and applied with the fund arising 
under the provisions of this act. And when it shall so occur on the 
first Monday of March of any year in any township in the State of 
Indiana that said fund shall accumulate to an amount exceeding one 
hundred dollars over and above orders drawn on the same, the surplus 
aforesaid shall be paid and transferred to the county treasurer of the 
county in which such township is located and the fund arising from 
such surplus from the township of the county shall constitute a county 
dog fund and shall be distributed among the to v/n ships of the county 



§135 Township Trustees. 42 

in which the orders drawn against the dog fund exceed the money on 
hand. This distribution shall be made on the second Monday in 
March of each year, and if said county dog fund be insufficient to pay 
for all the live stock or fowls maimed or killed by dogs of all the town- 
ships the distribution shall be made in the ratio of the orders drawn 
against the dog fund of the township and unpaid and unprovided for, 
which ratio shall be obtained from the report of the Trustees of the 
townships made to the auditor of the county which it is hereby directed 
shall be made by each township Trustee of the county upon the first 
Monday of March of each year, which report shall show all receipts 
into the dog fund of his township, and all orders drawn against the 
same in the order in which they were drawn. And when it shall occur 
upon the second Monday in March of any year that there is a surplus 
left of the county dog fund after provisions have been made for the 
payment for all the live stock or fowls killed or maimed, of all the 
townships of the county, such surplus shall be distributed for the 
schools of the county in the same manner the common school reve- 
nue of such county is distributed. 

HYl>ROPHOBIA FUND — COUNTY AUDITOR. 

(Acts 1911, p. 161, Sec. 7604.) 

135. Five per cent, of surplus dog tax. The county auditor shall 
annuiilly on the first of April of each year pay to the state auditor 
five per cent, of the surplus dog tax collected from the townships of 
the county. The amount received from all county auditors shall con- 
stitute a state hydrophobia fund in the state treasury. 

The surplus exceeding $3,000 at end of fiscal year shall be turned 
into the school fund of the State. 

PUBLIC AID TO RAILROADS. 

(Acts 1903, p. 233, Sec. 5465.) 

136. Extension of aid to railroads applies to interurbans. Under the 
provisions of act 1903, all acts providing for public aid, by donations 
or stock, to railroads were extended to street railroads, suburban or 
interurban roads. 

(Acts 1889, p. 82, Sec. 5464.) 

137. Procedure before board to give aid to railroads. Upon the 
petitif n of 2 5 freeholders of any township to the board of county com- 
missioners asking that such township shall give public aid to a rail- 
road, by donation or by subscription to stock, if the board shall find 
the purpose of the petition to be of public utility, shall order an elec- 
tion, not less than 30 nor more than 60 days therefrom, to determine 
the majority wish of the legal voters of the township, 

(Acts 1869, p. 92, Sec. 5476.) 

138. Election as public aid to railroads. Upon a majority vote cast 
in favor of the appropriation, the board shall grant the prayer of the 
petition and levy a special tax, not exceeding one per centum of the 
taxables for any one year. 



43 Township Trustees. §139 

(Acts 1875, S. p. 70, Sec. 5477.) 

139. Limitation of such public aid by township. The limit of aid 
to such railroad shall not exceed two per centum of the total taxables 
appearing on the tax duplicate, in any one period of two years. 

(Acts 1879, p. 46, Sec. 5489.) 

140. Township not liable for labor or material claims. Any town- 
ship which shall become the owner or holder of stock in any railway 
shall be not liable for any debt or claim for work, labor or material 
incurred in building such road, after the assets of the company shall 
be exhausted. 

(Acts 1872, S. p. 54, Sec. 5500.) 

141. When aid is taken in stock, Trustee to vote shares. Township 
Trustees shall have the right to vote the stock held by their township 
in all meetings of stockholders of the railroad companies by which 
such stock was issued. 

SAIiE OF TOWNSHIP PROPERTY — NOTICE. 

(Acts 1915, p. 91, amending Sec. 9567.) 

142. Can only be sold at public auction — Thirty days' notice. No 

township Trustee shall sell any real or personal property of such town- 
ship except at public auction after notice for thirty (30) days prior 
to the day of sale, by posting notices thereof at six (6) public places 
in said township of the time, terms and place of said sale, giving a 
description of the property to be sold: Provided, That any gravel or 
other road material belonging to such township may be sold by the 
Trustee of such township with the approval of the advisory board with- 
out giving notice and without offering such gravel or other road ma- 
terial for sale at public auction. All money derived from the sale of 
such gravel or other road material shall be carried into the township 
treasury and shall constitute a part of the township road fund and 
shall be disbursed as the other moneys belonging to such fund are 
disbursed. 

(Acts 1915, p. 135.) 
142a. Transfer of jiroperty by civil townships. Any building or 
other property belonging to any civil township in this state may be 
conveyed to the corresponding school township in the manner pre- 
scribed in this act. 

In order to effect the transfer or conveyance of any building or 
other property from any civil township to the corresponding school 
township, a petition may be filed with the board of commissioners of 
the county in which such civil township is situated, asking for the con- 
veyance or transfer of such building, or other property, the nature of 
the building or other property to be conveyed or transferred, and the 
reasons for desiring to effect such conveyance or transfer. The peti- 
tion shall be signed by a majority of the legal voters resident within 
such civil township and shall be filed in the office of the county auditor. 
At the time of filing such petition the petitioners shall give a bond 



§143 Township Trustees. 44 

with good and sufficient freehold sureties, payable to the state, to be 
approved by the board of commissioners, conditioned to pay all ex- 
penses in the event the board of commissioners shall fail to authorize 
the proposed conveyance or transfer. Immediately after such petition 
shall have been filed the county auditor shall give notice of the filing 
of such petition by causing publication: to be made once a week for 
two (2) consecutive weeks in one newspaper printed and published 
in the county and of general circulation in the county in which such 
civil township is situated. The board of commissioners shall hear the 
petition at their next regular term, and on the day designated in the 
notice and shall determine all matters pertaining thereto, and if such 
board shall be satisfied as to the propriety of granting the prayer of 
the petitioners, they shall so find, and thereupon the Trustee of such 
civil township shall convey such building or other property belonging 
to such civil township to such corresponding school township and such 
school township shall thereafter hold, control and manage such build- 
ing or other property. All expenses incurred in the conveyance of 
such property if such conveyance be authorized, shall be paid out of 
the general funds of such civil township. 

SCHOOL LANDS — CUSTODY AND CARE. 

(Acts -1S73, p. 79, Sec. 6186-6188.) 

143. Congi'essional school lands — Who shall manage — Leases — ^Re- 
ports. The custody and care of school lands belonging to the congres- 
sional school fund shall be with the Township Trustee of the civil town- 
ship wherein contained. He is required to report annually to the 
county auditor, by the fourth Monday in March, the annual income 
derived therefrom. This report must embrace all particulars as to 
rents, collections, amounts uncollected and reason therefor. 

Upon a majority vote of resident voters of such congressional town- 
ship, the Trustee has power to lease such lands, for money, property 
or improvements, for a time not exceeding seven years. 

When such school section shall be divided by a county or civil town- 
ship line, or where the substituted section lies wathin any other county, 
the voters of the congressional township shall designate, by a vote, or 
by the written direction of a majority thereof, the Trustee of a civil 
township, which includes a part of such section, to have the care and 
custody of said section, and carry out the directions of the voters of 
the tow^nship, thereto. 

Such Trustee shall have same powers and duties as if the whole of 
such section was within his civil township. 

SCHOOL LANDS—POWER OF' TRUSTEE. 

(Act 1865, p. 3, Sec. 6196.) 

144. Powers of a landlord given Trustee. The Trustee shall have 
all the rights and powers of a landlord, in his official name, in coercing 
fulfillments of contracts relating to school lands, and preventing waste 
or damage, or lor recovery of the same when committed. 



45 Township Trustees. §145 

SCHOOL LANDS — SALE OP. 

(Acts 1865, p. 3, Sec. 6197.) 

145. Procedvire to sell. At any time when five voters of the con- 
gressional township shall by petition to the Trustee having charge of 
such school land, belonging thereto, set forth their desire for the sale 
of the part or whole thereof, the Trustee shall give public notice in 
five public places in said township, of the time and place in such town- 
ship when and where a balloting will be had to determine whether said 
school land shall be sold as petitioned, or not. 

Twenty days' notice of such meeting is required. 

SCHOOL LAND— PROCEDURE OP SALE. 

(Acts 1865, p. 3, Sec. 6198.) 

146. Record of all proceedings required. All proceedings relating 
to such petition and the action of the Trustee therein shall be made a 
matter of record. 

SCHOOL LAND. 

(Acts 1865, p. 3, Sec. 6201-6202.) 

147. Election to sell — Report to county auditor. Full details con- 
cerning such election, its record and trustee's duty in reporting results 
to the county auditor is given at length in the act. 

COUNTT^ SUPERINTENDENT — EliECTION. 

(Acts 1911, p. 28.) 

148. Extension of term, act 1911. Under the provisions of the 
amended act of 1911, the Township Trustees were required to meet at 
the office of the county auditor on the first Monday in June, 1911, and 
every four years thereafter, and elect by ballot a county superintend- 
ent for such county. 

(Acts 1913, p. 160, Sec. 6376.) 

149. Election in June, 1917. This was further amended by act 
1913, page 160, which gave an extension of two years to the term of 
the county superintendent, requiring the Township Trustees to meet 
first Monday in June 1917, to elect such superintendent. 

(Acts 1911, p. 156, Sec. 6376 and 6378.) 

150. Qualifications — How vacancy is filled. It is required that a 
person to be eligible as county superintendent and to hold such office 
must have been actively engaged in school work for a period of not 
less than two years out of the ten years preceding his election and 
hold at such time of his election, either three years' state license, a 
sixty months' license, a life or professional license, granted upon exami- 
nation as now provided by law. 

Whenever a vacancy occurs in such office, upon a three days' notice 
of the county auditor, the Township Trustees shall assemble at ten 
o'clock a. m. on such day designated, at the office of the county auditor 
and fill such vacancy by ballot for the unexpired term. 



§151 Township Tkustees. 46 

(Acts 1873, p. 75, Sec. 6402.) 

151. Books open for inspection at all times — Duty of county super- 
intendent. The dockets, official records and books of accounts of all 
officers, including the Township Trustee, as to all school matters, shall 
be open at all times, to the inspection of the county superintendent. 
The superintendent is required to bring suit in the name of the State 
for recovery from public officials of all school monies which may have 
been wrongfully withheld, or misapplied by such officials. 

(X)UNTY BOARD OF EDUCATION. 

(Acts 1877, p. 122, Sec. 6403.) 

152. Who compose this board — Its duties — Meetings. The county 
superintendent, the Township Trustees and the chairman of the school 
boards of each school town and city of the county, shall constitute the 
county board of education. 

Such board shall meet semi-annually on first day (Sunday excepted) 
in May and September at the office of the county superintendent, which 
officer shall preside at all meetings. 

The board shall consider the general wants and needs of the schools 
and school property in their charge and all matters relating to the 
purchase of school paraphernalia. 

The management of township libraries shall be determined, and 
each school township shall conform therewith as nearly as prac- 
ticable. 

No change in a text-book which has been adopted can be made for 
six years from the time of its adoption, except by unanimous vote of 
all the members of the board; and in no case for three years from the 
date of its adoption. 

A majority of the members of the board shall constitute a quorum. 

(Acts 1915, p. 151, amending Sec. 6678.) 

153. Elects county attendance oflficer. It is the duty of this board 
to meet on the first day of May in each year for the purpose of electing 
a county attendance officer. Such officer takes his office on the first 
day of the following August. 

This comes up under the compulsory education law, Acts 1913, p. 
616, which repealed the "truancy law" of 1901, page 470. 

PUPILS — BENEVOLENT INSTITUTIONS. 

(Acts 1865, p. 124, Sec. 3427-3432.) 

154. How pupils are to be admitted to. Applications for admission 
to the state benevolent institutions, viz.; for education of the blind; 
the deaf and dumb, or hospital for the insane, must be accompanied 
by the certificate of a justice of the peace, that the applicant is a legal 
resident of the county stated in the application. 

When it is deemed necessary by the proper officers of such insti- 
tution that a pupil should be removed therefrom by reason of ill health; 
a vacation of such school; a completion of the course of instruction, or 



47 Township Trustees. §155 

because of disqualification for longer continuance as a pupil; it be- 
comes the duty of the superintendent of the institution to cause such 
pupil to be delivered to the Trustee of the township, where he resided 
before coming to the institution; and the expense therefor shall be 
paid by the county, and the treasurer shall charge the same to the 
proper township. 

ORPHANS' HOME— -ADMISSION. 

(Acts 1893, p. 307, Sec. 3641.) 

155. How coiiiniitiiients are made. 

f^ Note: The act of 18 9 3, page 307, Section 3641 Burns' R. S. 
provided for the admission to the county orphans' home 
through the Township Trustee. 

It is deemed this has been superseded by a later law. Acts 
1907 at page 59, which provides for such admission through 
the judge of juvenile court. 

When a child under the care of the Trustee should be sent 
to an orphans' home, the Trustee can bring the case to the 
attention of the judge of the juvenile court, either in term 
time or in vacation. A child can not be supported in an 
orphans' home by the county unless it has been made a 
public ward by the juvenile court (the circuit court in all 
counties except Marion). 

THE POOR. 

(Acts 1901, p. 323, Sec. 9741). 

156. Overseer of the poor — Duties. The Township Trustee is ex- 
ofRcio overseer of the poor within his township, and performs all du- 
ties with reference to the poor in such township that may be prescribed 
by law, 

(Acts 1901, p. 323, Sec. 9744.) 

157. Duty towards poor with legal settlement in his township — 
County asylum. Every county shall maintain a county asylum for the 
poor, in addition to other charitable institutions for the poor, and 
shall support therein such poor and indigent persons, lawfully settled 
in the county, as may be placed there by the Township Trustee. 

The county council shall appropriate and the board of commis- 
sioners shall advance to the Township Trustee the money necessary 
for the relief and burial of the poor in each township, which money 
shall be accounted for and repaid to the county treasury as will be 
later explained. 

In other words, the county cares for the poor which are inmates of 
the asylum and the Trustee cares for the resident poor of his township, 
who have a legal settlement. 

(Acts 1901, p. 323, Sec. 9745.) 

158. What constitutes a legal settlement. A legal settlement in 
the county or township, so as to obtain relief and support, may be 
acquired as follows: 

1st. The settlement of a married woman shall always follow that 
of her husband, if he has a settlement in the State, otherwise she re- 



§159 TownshipJTrustees. 48 

tains her own at time of her marriage, which shall not be lost or 
suspended by such marriage. 

In case the husband and wife have resided six months in any 
county of the State, and be shall afterwards abandon her, and she had 
a residence at the time, her settlement shall be in such resident town- 
ship. 

2d. Legitimate children follow the settlement of the father, if he 
has one in the State, until they gain one of their own. If the father 
has no settlement within the State they then shall have the settlement 
of the mother, if she has any. 

3d. Illegitimate children shall follow the settlement of their moth- 
er at the time of their birth, if she had any in the State. 

Neither legitimate nor illegitimate children shall gain a settlement 
by birth where born unless the parent or parents had a settlement 
therein at the time. 

4th. Every male person and unmarried woman over the age of 
21 years, resident, without interruption, in any township for one whole 
year, acquires a settlement. 

5th. Every minor whose parent, and every married woman whose 
husband has no settlement in the State, who shall have resided con- 
tinuously in any township one whole year, shall thereby gain a settle- 
ment therein. 

6th. Every minor apprenticed in good faith shall thereby acquire 
a settlement with the master or mistress. 

7th. Every settlement acquired shall last until it is lost or de- 
feated by acquiring a new one in the State, or by willful and uninter- 
rupted absence from the township, for one whole year or upwards, or 
upon acquiring a new settlement. 

(Acts 1901, p. 323, Sec. 9746.) 

159. Relief — Medical and surgical attendance. The Trustee has the 
oversight and care of all poor persons in his township so long as they 
remain in charge, and shall see that they are properly relieved and 
taken care of in manner required by law. 

He must in cases of necessity promptly provide medical and sur- 
gical attendance for all poor of the township who are not cared for 
in public institutions and see that such medicines as are prescribed are 
promptly furnished. 

(Acts 1901, p. 323, Sec. 9747.) 

160. Trustee to make investigation in all cases. Whenever a claim 
for relief shall be made upon the Trustee, it becomes his duty to in- 
vestigate the circumstances of the parties claiming to be poor and in 
distress. 

This embraces their legal settlement, physical condition of sick- 
ness or health, present or prior occupation, ability and capacity for 
labor, their ages and names, and the ability and capacity of all the 
members of their family; and if they are found in distress, the cause 
of their condition, if it can be ascertained; and make inquiry, whether 
or not, such claimants have family relations who are willing to assist 
them. 



49 Township Trustees. §161 

(Acts 1901, p. 323, Sec. 9749.) 

161. Shall insist that all able-bodied persons shall work — Seeks em- 
ployment. If the poor persons applying are in good health, or if any 
members of their family are so, the overseer shall insist that those 
able to labor shall seek employment and he shall refuse to furnish 
any aid until he is satisfied that the persons claiming help are en- 
deavoring to find work for themselves. The overseer, in such cases, 
shall make all possible effort to secure employment for the able-bodied 
in the township where they reside and may call upon residents of the 
township to aid him in finding work for such persons as are able to 
labor. 

(Acts 1901, p. 323, Sec. 9748.) 

162. When temporary aid shall be given. In cases of immediate 
and pressing suffering, the Trustee must furnish such temporary aid as 
may be necessary, but before further, final or permanent relief can be 
given the Trustee must determine whether it can be accomplished by 
other means than an expenditure of township funds. 

(Sections 9751-9752.) 

163. Limitation of $15 in value to any person or family. Persons 
who have legal settlement in the township, however, are entitled to 
any relief that may be necessary. At any time that such relief, outside 
of school aid, medical aid or burial, amounts to $15, authority must be 
had from the county commissioners before more is given. This does 
not limit aid to $15 a month, or a quarter, or a year. It simply means 
that whenever that amount has been given, the case must be, reported 
to the county commissioners, for such action as they may decide to 
take. 

(Section 9751.) 

164. Board of commissioners consent for excess over $15 — Pro- 
cedure. The Trustee, upon application to the board of commissioners 
for such further relief, shall present a full statement of the case, with 
schedule, showing: 

The full names and ages of persons, or if for families, of the mem- 
bers thereof; previous occupation; condition of health; fitness for 
labor; capacity or ability for work; what near relatives within the 
township; and the efforts of trustee to secure employment for those 
able to labor. 

(Sections 6683, 9751-9752.) 

165. Limitations to poor relief. Fod medical aid, burial or aid 
under the compulsory education law, the Trustee shall give whatever 
is necessary. For other forms of aid, he cannot give more than $15 to 
any one applicant without the approval of the county commissioners. 

(Acts 1901, p. 323, Sec. 9750.) 

166. Removal to county asylum upon refusal to work — Relatives. 

If a claimant for relief, having relatives within the township, has been 
given relief, further aid shall be refused until the trustee shall have 
called upon such relatives of such poor persons and has asked of them 

4—4843 



§167 Township Trustees. 50 

to help such poor relatives for either material relief or by furnishing 
them employment. 

If any person so applying is able to work, and refuses to labor 
when given opportunity, further aid shall be refused to such person 
except admission to the county poor asylum, where he shall be com- 
pelled to work. 

(Acts 1901, p. 323, Sec. 9753-9754.) 

167. Tiustee's oo-opetation with oigiinized cliarity societies. The 

Trustee shall co-operate with societies for the relief of the poor, or 
other organizations for charitable purposes, if any, in his township, 
and give and ask for information concerning the poor of his township. 

He shall co-operate with such charitable associations to the end 
that there shall be no unnecessary duplication of relief, and that the 
creation of new families of paupers, through misguided and useless 
alms, may cease. 

He shall also seek the aid of such societies in securing employ- 
ment for claimants who are able to work. 

(Acts 1901, p. 323, Sec. 9755.) 

168. When may give aid to non-residents. The Trustee may, in 
proper cases, give temporary aid to persons who are sick, aged, injured 
or crippled and unable to travel even though they are non-residents of 
his township. 

It is unlawful for the trustee to aid able-bodied non-residents, ex- 
cept by providing some form of manual labor. The Trustee shall en- 
deavor to provide some form of hard manual labor for non-resident 
able-bodied applicants for relief. 

(Acts 1901, p. 323, Sec. 9756.) 

169. When may fui'iiish transportation to non-residents. Expendi- 
tures by the Trustee on account of transportation of non-residents can 
be lawfully made only after inquiry has disclosed the legal residence 
of the person applying, and when given, the transportation must be in 
the direction of such legal residence, unless it be shown beyond rea- 
sonable doubt, that the person has some valid claim for support, or 
some means of support, in some other place towards which the appli- 
cant shall ask to be sent. Such inquiry may be made by correspond- 
ence, or otherwise. It is unlawful to furnish transportation to an 
able-bodied non-resident. Sec. 9755, Burns' R. S. 

(Section 9758.) 

170. Penalty for violation of poor laws. Any Trustee violating any 
of the poor laws, shall be fined $5 to $20. 

(Sections 9759-9760.) 

171. Record of /all relief given- — Duplicate reports to board. The 

act, 1901, p. 323, requires the Trustee, who administers relief to per- 
sons not inmates of any public institution, to keep a record of the full 
name; age; sex; color; married or single, and nationality of person to 
whom relief is given; also the date; amount in money, or value and 
kind. He shall furnish the auditor with two copies of such record. 



51 Township Trustees. §172 

When relief is given to one for use of another, the record should 
show the number of such recipients; age and sex; and, if restricted 
to a single family, it shall show the name; age; sex; color, and na- 
tionality. 

The record must be made to show the reasons for giving relief in 
each instance. 

In the absence of such record and duplicate copies, it is unlawful 
for the board of commissioners to approve or allow payment of the 
expense of such relief to any person not an inmate of a public chari- 
table institution, until the two copies, as above mentioned, shall have 
been duly filed with the auditor. 

(Section 97 61.) 

172. When aggi'ieved poor person may ai^peal to board of county 
commissioners. If any poor person shall suppose that he or she is 
entitled to the benefit of the laws for such relief, and the Township 
Trustee has refused to give such relief, the claimant may apply to the 
board of commissioners, which may, if it thinks proper, direct the trus- 
tee to give the relief. 

(Section 9762.) 

173. Duty when legal residence is not certain. In case the Trustee 
is unable to ascertain the legal settlement of a poor person in need 
within the township, he shall proceed to provide for such poor per- 
son, in the same manner as by law directed to provide for other poor 
persons. 

(Section 9763.) 

174. When Trustee shall place poor non-resident in asylum. When- 
ever any person entitled to relief as a pauper shall be in any township 
in which he has not a legal settlement, if deemed advisable, the Trus- 
tee shall grant such relief by placing such person temporarily in the 
county poorhouse, to be employed so far as such person is capable of 
employment. 

(Section 9764.) 

175. When non-resident likely to become a public charge. Upon 
complaint of any overseer of the poor, any justice of the peace may, 
by his warrant directed to and to be executed by any constable or by 
any other person therein designated, cause any poor person found in 
the township of such overseer, likely to become a public charge and 
having no legal settlement therein, to be sent and conveyed, at the 
expense of the county, to the place where such person belongs if the 
same can be conveniently done; but if he or she can not be so re- 
moved, such person shall be relieved by such overseer whenever such 
i'elief is needed. 

Xote: For the proper practice in such proceedings see 
Cicero Township v. Palconberry, 14 Ind. App. 23 7. 

(Section 97 65.) 

176. Appeal of receiving Trustee to the board of commissioners. 

The Trustee of the township to which paupers may be sent by virtue 
of Section 9764, feeling aggrieved at such delivery of pauper to his 



§177 Township Trustees. 52 

township, may within twenty days appeal to the circuit court, of the 
county from wliicli such paupers are sent, as other appeals are taken 
from justice's court. 

(Section 9768.) 

177. When has legal residence, Trustee must receive. If any person 
is removed to a township, by virtue of such judgment of the justice, 
it is the duty of the Trustee to receive such person if he has a legal 
settlement in that township. 

(Section 9 771.) 

178. January report of poor and settlement — ^Board of county com- 
missioners. As overseer of the poor of his township the Trustee must 
make settlement with the board of county commissioners annually dur- 
ing the first ten days of January, or oftener if such board shall so 
direct, of all poor relief for the past year and file all vouchers there- 
for as required by law. 

(Section 9772.) 

179. Board's power to requii*e reports more often. Boards of com- 
missioners are likewise directed to make such settlement with the 
Trustee at least once every year, and oftener if the board shall deem 
the same necessary. 

(Section 9773.) 

180. Complaint for needy sick non-resident — Expense of burial. 

It shall be the duty of the Trustee, on complaint made to him that any 
person not an inhabitant of his township is lying sick therein, or in 
distress, without friends or money, and likely to suffer, to examine 
into the case of such person and to grant temporary relief as may be 
required. 

If any person shall die in any township, who shall not leave money 
or other means necessary to defray funeral expenses, it shall be the 
duty of such Trustee to provide for and superintend the burial of 
such deceased person, the necessary expenses whereof shall be paid 
by the township and upon the order of the Trustee. 

(Section 9776.) 

181. When Trustee shall bind out poor childi'en. It shall be the 
duty of the Township Trustee to bind out such poor children as fall 
under his care and charge, from time to time. He shall see that the 
children, so bound, shall be properly treated by the persons to whom 
they are bound, and shall take legal means of redress in case of mal- 
treatment. 

Within 3 days after children are bound out, the trustee shall 
report the fact to the county auditor, together with name and resi- 
dence of the persons to whom the children are bound. The auditor shall 
include such facts in his next report to the board of state charities. 

Note: The statute oi 1852 providing for binding out chil- 
dren by Trustees is Section 8 383 Burns' R. S. 

This section refers to children not made public wards by 
juvenile courts. See Section 155, this book. 



53 Township Trustees. . §182 

(Section 9777.) 

182. When duty to remove paupers to county asyluni. Township 
Trustee shall, from time to time, as persons become permanent charges 
upon his township, as paupers, have such persons removed to the 
county asylum. 

POOR — REPORT OF EXPENSES, LEVYY OF TAX. 

(Acts 1907, p. 256, Sec. 9778.) 

183. Auditor's duty to keep poor account — September report to 
board. The county auditor of each county shall report to the board of 
county commissioners on the first day of the regular September term 
of said court, annually, the amount advanced during the preceding nine 
months and an estimate of the same for the remaining three months 
of the then current calendar year, to the overseer of the poor for poor 
relief and for medical attendance of the poor of each township by 
said board. When the township levies are made the proper authorities 
of each township, for the poor of which any such advancements have 
been made, shall levy a tax upon the property of such township, to re- 
imburse the county treasury for payments made on such advancements, 
which taxes shall be collected as are other township taxes, and shall 
be paid into the county treasury. If the proper authorities of any 
township shall fail to levy a sufficient tax to repay such advance- 
ments, the county auditor shall levy the same. The county auditor 
shall keep a debit and credit account with each civil township, show- 
ing the amounts received on said levy and the amounts advanced by 
the boards of county commissioners to the overseers on account of 
the relief and burial of the poor, and on the first day of January of 
each year shall balance the account and as soon thereafter as possible 
transmit a statement of the balance to the overseers of the poor of 
the townships. Such balance shall be taken into account in making 
the levy for the reimbursement of the county the ensuing year. 

HOSPITALS — COUNTY MAINTENANCE — TUBERCULOSIS. 

(Acts 1913, p. 474, Sec. 3776z-3776al.) 

184. 1913 law — Duty ot the trustee^ — Non-resident patients. The 

act 1913, p. 474, providing for the establishment of hospitals by the 
board of county commissioners, arranges for the admission of non- 
residents of the county as patients, as follows: 

In any county not having a county hospital for the care and 
treatment of persons suffering from tuberculosis, a township trustee 
of any township of the county, upon the receipt of the application 
and certificate hereinafter provided for, may apply to the superintend- 
ent of a hospital established by any other county, for the admis- 
sion of such patient. Any person residing in a county in which there 
is no such hospital, who desires to receive treatment in such a hos- 
pital, may apply therefor in writing to the Township Trustee of the 
township in which he resides on a blank to be provided by said super- 
intendent for the purpose submitting with such application a written 
certificate signed by a reputable physician on a blank to be provided by 



§185 Township Trustees. 54 

the Township Trustee for such purpose, statin;^ that such physician 
has, within ten days, next preceding, examined such person, and 
that in his judgment, such person is suffering from tuberculosis. 
The Township Trustee, on receipt of such application and certificate, 
shall forward the same to the superintendent of any hospital for the 
care and treatment of tuberculosis. If such patient be accepted by 
such hospital the Township Trustee shall provide for his transporta- 
tion thereto, and for his maintenance therein at a rate to be fixed as 
hereinafter provided. 

When admitted — Coiupensation. Whenever the superintendent 
of such a county hospital shall receive from a Township Trustee of 
any township of any other county an application for the admission 
of a patient, if it appears from such application that the person therein 
referred to is suffering from tuberculosis, the superintendent shall 
notify said person to appear in person at the hospital, provided there 
be a vacancy in such hospital and there be no pending application from 
a patient residing in the county in which the hospital is located. If, 
upon personal examination of the patient, the superintendent is satis- 
fied that such patient is suffering from tuberculosis, he shall admit 
him to the hospital. Every patient so admitted shall be a charge 
against the township sending such patient, at a rate to be fixed by the 
board of managers, which shall not exceed the per capita cost of 
maintenance therein, including a reasonable allowance for interest 
on the costs of the hospital; and the bill therefor shall, when verified, 
be audited and paid by the Township Trustee of the township. 

The said Township Trustee shall cause an investigation to be made 
into the circumstances of such patient, and of his relatives legally 
liable for his support, and shall have the same authority as an over- 
seer of the poor in like circumstances to collect therefrom, in whole 
or in part, according to their financial ability, the cost of the mainte- 
nance of such person in .^aid hospital. 

ANTITOXINE BI.ANKS — RECORD. 

(Acts 1907, p. 260, Sec. 7626.) 

185. Trustees to be supplied with blank applications. Under the 
provisions of act 1907, all counties, cities and towns are required to 
supply free of charge diphtheria antitoxin to people too poor to pur- 
chase the same. 

The state board of health shall supply uniform blanks to all 
county health officers, who shall supply them to Township Trustees, 
and others. Trustees shall at all times keep themselves supplied with 
the application blanks for the purpose of supplying them to physicians 
when needed. 

TOWNSHIP TRUSTEE — AS SCHOOL TRUSTEE, DUTIES. 
(Acts 1901, p. 514, Sec. 6410.) 

186. General duties as Trustees of schools — Powers of Trustee- 
Graded high schools. The duties of the School Trustee of the town- 
ship are various. Among his duties are: 



55 Township Trustees. §187 

1st. He shall take charge of the educational affairs of his town- 
ship; 

2fl. He shall employ teachers, establish and locate conveniently 
a sufficient number of schools for the education of the children therein; 

3d. He shall build or otherwise provide, suitable housese, furni- 
ture, apparatus and other articles and educational appliances neces- 
sary for the thorough organization and efficient management of said 
schools; 

4th. He may also establish and maintain in his township, as 
near the center thereof, as seems Vvise, at least one separate graded 
high school, to which shall be admitted all pupils w^ho are sufficiently 
advanced provided at such time there are at least 2 5 common school 
graduates of school age residing in such township; 

5th. He may join with school trustees of one or more school 
corporations and may establish and maintain joint graded high schools, 
in lieu of separate graded high schools, and when so done they jointly 
shall have the care, management and maintenance thereof; 

6th. He may, instead of building a separate high school for his 
township, transfer the pupils of his township competent to enter a 
graded school to another school corporation. 

SCHOOLS— MEDICAL INSPECTION OF CHILDREN. 

(Acts 1911, p. 485, Sec. 658oa.) 

187. Examinations by physicians — Compensation of physicians. 

Under the provisions of act 1911, the School Trustees are permitted 
and recommended to institute medical inspection of all school children 
under their charge, and for such purpose may appoint at least one 
school physician for each school corporation. No physician shall have 
more than 2,00 school children under his charge. The statute requires 
that the physician shall be temperate, able-bodied and clean in per- 
son and in character. His compensation shall be determined by the 
Trustee. 

Such school physician shall serve one year, but he may be dis- 
charged at any time, 

SCHOOLS — CONTAGIOUS DISEASES. 

(Acts 1911, p. 121, Sec. 6616b.) 

188. Duty as to prevention of contagious and infectious diseases. 

Whenever diphtheria, scarlet fever or other contagious and infec- 
tious diseases break out in any township school, the trustee having con- 
trol shall have medical inspection made of the pupils, and all found 
in any degree ill, shall be sent home and there retained until the local 
health officer gives a certificate of health, then such child may be 
again admitted to school. 

Trustees are prohibited from employing teachers or janitors who 
are not able-bodied or who are addicted to drugs or who are intem- 
perate or who have tuberculosis or syphilis. 



§189 Township Trustees. 56 

SCHOOLS — UNCLE ANLINESS. 

(Section 6616b.) 

189. Penalty for neglect annually to clean schoolhoiise. All 

schoolhouses shall be specially cleaned and disinfected each year be- 
fore they are used for school purposes. The act provides that the 
cleaning shall consist in first sweeping, then scrubbing the floors, wash- 
ing the windows and all wood work, including the wooden parts of 
seats and desks. 

The disinfecting shall be done in accordance with the rules of 
the state board of health. 

Township Trustees, and other school authorities, who neglect or 
refuse to obey the provisions of the act shall be fined from $10 to 
$100. Each refusal or neglect shall constitute a separate offense. 

SCHOOLS — LENGTH OF TERM. 

(Acts 1899, p. 424, Sec. 6411.) 

190. Six months of school required each year. The trustee shall 
maintain a term of school at least six months in duration, and his 
local tuition levy must be sufficient for this wheji added to the state 
tuition revenues. 

CONTROL OF PROPERTY. 

(Acts 1907, p. 385, Sec. 6412.) 

191. Has control and management of all property of civil township 
— Janitors. The School Trustee shall have the care and management 
of all property, real and personal, belonging to the tow^nship for com- 
mon school purposes, except congressional township lands, (Section 16 
of each congressional township which has not been sold), which shall 
be under the care of the Trustee of the civil tov/nship in which such 
section 16 is situated. 

The Trustee shall provide such janitor help as may be deemed 
necessary to properly care for the schools and premises under their 
control, who shall be paid from the special school fund. 

Note: Only four townships in the State have congressional 
school lands that have not been sold. — Editor. 

UNITED STATES FLAG. 

(Acts 1911, p. 453, Sees. 6413-6414.) 

192. Duty to have display of U. S. flag. On the petition of a 
majority of the patrons of any school the Trustee shall procure a 
United States flag not less than six feet in length. 

The Trustee shall cause the United States flag to be displayed upon 
every public school building under his control on every day such 
school is in session, the weather conditions permitting. The Trustee 
shall establish rules and regulations for its proper care and custody 
and display of the flag, and when for any cause it is not displayed, it 
shall be placed conspicuously in the principal room or assembly hall 
of the school building. 



57 Township Trustees. §193 

(Sections 6415-6516.) 

193. Penalty for mutilation of U. S. flag. It is declared a mis- 
demeanor to destroy or mutilate any flag owned by a school corpora- 
tion, or to mutilate a flagstaff, and the offense is punishable by a 
fine of not less than $25> and not more than SlOO for the second 
offense. 

TEACHERS' REPORT. 

(Acts 1865, p. 3, Sec. 6424.) 

194. Required to retain 25 per cent, of teachers' pay. To enable 

Trustees to make the reports required by the law, covering statistics 
relating to schools, it is required that the teachers of such schools 
shall, at the expiration of the term of his or her school, furnish such 
complete report to the Trustee. 

Until such report shall have been filed by the teacher with the 
Trustee, he shall not pay the teacher more than 7 5 per centum of 
the wages of such teacher. 

TRUSTEE'S REPORT TO COUNTY SUPERINTENDENT. 

(Acts 1883, p. 119, Sec. 6425.) 

195. August report for year ending July 31st. The school year 
ends with July 31 of each year. The Trustee is required to file his 
annual report, on the first Monday in August, with the county super- 
intendent. This is made up from the teachers' statistical reports to the 
Trustee, and shall embrace the following: The number of districts; 
schools taught, and their grades; teachers, males and females; aver- 
age compensation of each grade; balance of tuition revenue on hand 
at the commencement of the current year; amount received during 
the year from the county treasurer, and amount expended within 
the year for tuition; and balance on hand; length of school taught 
within the year, in days; schoolhouses erected during the year; the 
cost of the same; the number and kind before erection, and the es- 
timated value thereof, and of all other school property; number of vol- 
umes in the library, and the number taken out during the year ending 
the 31st day of July; also the number of volumes added thereto; 
assessment on each one hundred dollars of taxable property, and on 
each poll of special tax for schoolhouse erection, and amount of such 
levy; balance of special school revenue on hand at the commencement 
of the current year; amount received during the year from the county 
treasurer; the amount of said revenue expended during the year, and 
balance on hand; the number of acres of unsold congressional school 
lands, the value thereof, and the income therefrom; together with such 
other information as may be called for by the county superintendent 
and the superintendent of public instruction. 

[ AILURE TO REPORT. 

(Acts 1865, p. 3, Sec. 6426.) 

196. Penalty for failure to report — Duties of county superintendent 
and county auditor. Upon failure of the Trustee to file the reports re- 



§197 Township Trustees. 58 

quired to be made and filed witti the county superintendent at the 
time and manner when due, the superintendent shall, within one 
week of the time the next semi-annual apportionment is to be made 
by the county auditor, notify such auditor, in writing, of the Trus- 
tee's failure. 

Whereupon the auditor is required to diminish the apportionment 
of such township by the sum of $2 5, and withhold from such delinquent 
Trustee the warrant for the money apportioned to such township until 
such delinquent report is duly made and filed. 

The board of commissioners may sue the delinquent Trustee on his 
bond, for the $25 and any additional damages to the township. 

SCHOOL PROPERTY. 

(Acts 1865, p. 3, Sec. 6609.) 

197. Title of all lands to be conveyed to the township. The title 
to all lands acquired for school purposes shall be conveyed to the town- 
ship, incorporated town, or tity for which it is acquired, in the corpo- 
rate name of such township, town or city, which is used for school 
purposes, for the use of common schools therein. In all cases in which 
the title to any such land is vested in any other person or corporation 
than as above provided, it shall be the duty of the Trustee, for school 
purposes of the township, town, or city, to procure the title to be vested 
as in this section provided. 

SCHOOLS — DONATION AND BEQUESTS. 

(Acts 1S77, p. 126, Sec. 6624-6627.) 

198. Duty of Trustee upon donation exceeding; $5000. Under the 
provisions of act 1877, whenever any person shall give or bequeath 
any sum of money exceeding $5,000 for the purpose of erecting a public 
school building, or seminary in any unincorporated town, with the im- 
plied or expressed condition, that an amount equal thereto shall be 
raised by the citizens of such town or township for a like purpose, upon 
petition of a majority of the legal voters of such township, the Town- 
ship Trustee shall be authorized to issue the bonds of such township, 
in anticipation of a revenue derived from a special tax. 

(Sections 6624-6627.) 

199. Proof of sjgnatuies — Bond issue — Full record of i)roceeding;s. 

The Trustee shall require proof, by affidavit, that the signatures to the 
petition are genuine and that a majority of the legal voters have 
signed the same. 

Such bonds shall bear a rate of interest not exceeding seven per 
cent, per annum, payable within seven years from their date of issue, 
and shall not be sold for less than 95 cents on the dollar. 

A full record shall be made of the petition and all proceedings of 
the issue and sale of such bonds. 



59 ^ Township Trustees. §200 

OATHS. 

(Acts 1865, p. 3, Sec. 6669. 

200. All school officers empowered to administer. All school of- 
ficers are authorized and e-mpowered to administer all oaths relative 
to school business appertaining to their respective offices. 

SCHOOLS — ^BOOKS FOR THE POOR. 

(Acts 1891, p. 99, Sec. 6341.) 

201. When Trustee shall furnish school books. Township Trustees 
are required to furnish the necessary school books to all such poor 
and indigent children desiring to attend school as in his opinion v^ould 
be otherwise unable to attend school. 

Note: It is believed that this section is superseded by Sec- 
tion 9 of the Compulsory Education Act, Section 20 2, this 
book. . 

(Acts 1913, p. 622, Sec. 6683.) 

202. When assistance is to be furnished — Compulsory education. 

Under Sec. 9, of the compulsory education law of 1913, it is provided: 
If any parent, guardian, or other person having control or "charge 
of any child, who is subject to the provisions of this act, does not have 
sufficient means to furnish such child with books and clothing neces- 
sary to the attendance upon school, then the school corporation where 
such child resides shall furnish it temporary aid for such purpose, 
which aid shall be allowed and repaid to such school corporation upon 
the certificate of the executive officer of such school corporation, by 
the township overseer of the poor in the manner provided by law for 
the relief of the poor. Such certificate shall be accompanied by such 
information as will enable the overseer of the poor to make the reports 
required by law governing the relief of the poor. 

SCHOOL BOOKS — SALES. 

(Acts 1913, p. 658, Sec. 6355.) 

203. When Trustee may act as depository of school books. Under 
the amended act 1913, it is the duty of the county superintendent to 
appoint some responsible dealer or merchant in the county to act as 
depository of school books foi: the ensuing year. Such depository 
dealer shall contract to carry a sufficient number of the adopted books 
to supply the trade in the county, and to sell the same at the contract 
price, except to other dealers or merchants, to whom the depository 
merchant shall sell the books, for cash at a discount of 10 per cent, 
from such price. 

Such depository merchant shall give to the publishers satisfactory 
evidence of his financial responsibility, or shall furnish surety bond 
covering the estimated sales for the year, whereupon the contractor or 
publisher shall sell to the said depository merchant all books ordered 
by him at a discount of 15 per cent, from contract price, payment to 



§204 Township Trustees. , 60 

be made by dealer within 60 days from date of shipment. The con- 
tractor is required to deliver shipments at nearest rail or river point, 
freight paid. 

The depository merchant shall annually in July, ascertain from 
county superintendent and local dealers the probable number of books 
to be needed for the ensuing year, and shall order same from the 
contractor by the first day of August, and when received shall notify 
the local dealers and merchants desiring to handle the school books. 

The amended act also provides that the county superintendent 
shall at any time on the request of the Township Trustee, appoint him 
as a depository merchant or dealer for the sale and distribution of 
school books, and in such case the Trustee, in his capacity as deposi- 
tory merchant or dealer shall conform in all respects to the provisions 
of this act as they apply to any other depository merchant or dealer 
appointed by the county superintendent. 

SCHOOTj books — DUTY OF TRUSTEE. 

(Acts 1893, p. 165, Sec. 6360.) 

204. Trustees must see that dealers have ample supply. It is the 

duty of the Township Trustee to see that there is a sufficient supply of 
text books in the hands of dealers, or designated depositories, to sup- 
ply the patrons and pupils of all needed books. 

SCHOOlv BOOKS — EMBEZZLEMENT. 

(Acts 1893, p. 165, Sec. 6364.) 

205. Failure of trustee to make accounting. Any Township Trus- 
tee, who shall fraudulently fail or refuse, at the expiration of his term, 
to account for and pay over to any person entitled to receive the same, 
all money and school books not previously accounted for, which may 
have cme into his hands, shall be deemed guilty of embezzlement, and 
upon conviction shall be imprisoned from one to five years, and fined 
not to exceed $1,000, and rendered incapable of holding any office of 
trust and profit for any determinate period. 

TOWNSHIP DEFICIENCY. 

(Acts 1905, p. 34, Sec. 6435.) 

206. Procedui^e to procure assistance, for tuition purposes. When- 
ever any Trustee of a township or Board of Trustees of any school 
town shall ascertain that there is not a sufficient amount of tuition 
revenue in his or their hands to enable him or them to maintain 
the public schools therein for the minimum term now or hereafter 
provided by law in such current school year, he or they, as the case 
may be, shall certify in writing under oath such fact to the county 
superintendent of his or their county, stating therein the rate of 
the levy for local tuition purposes on each one hundred dollars, and 
the taxes on each ta;xabie poll made for the supplementary tuition tax 
by such township or school town in the year immediately previous to 
the school year in which such deficiency occurs, or will occur; also. 



61 Township Trustees. §207 

stating the full amount received for tuition from each source, the 
names and number of teachers employed, the rate per diem paid them, 
the number of days each has taught and when he began teaching, and 
an estimate of the amount that will be necessary over and above the 
tuition revenue then on hand to complete such legal minimum term 
of all the public schools in such school corporation. Said certificate 
shall be executed in duplicate. Said county superintendent shall im- 
mediately examine such certificate, and if he shall find the facts stated 
therein to be true, and shall further find that such school corporation 
has levied the highest amount authorized by law for such school 
municipality as supplementary tuition tax for the year in which such 
deficiency will occur, he shall forward one of such certificates to the 
state superintendent of public instruction, together with the result of 
his examination, and with the name and postoffice address of such 
Township Trustee or the treasurer of such school corporation. 

DEFICIENCY, 25 CENTS LEVY FOR TUITION PURPOSES. 

(Acts 1907, p. 449, Sec. 6436.) 

207. Local requirements so as to procure "deficiency" money. No 

such Township Trustee or treasurer of such school town shall be en- 
titled to draw or receive the funds provided in this act unless said 
Township Trustee or School Board of Trustees has levied a local tuition 
tax of at least twenty-five cents on $100.00 of taxable property in 
such township or school town: And providing. That where any such 
School Trustee or corporation is maintaining a seven months' term of 
school and finds the amount of tuition revenue insufficient for such 
purpose, such Trustee or the treasurer of such school corporation shall 
be entitled to draw or receive the funds provided in this act in the 
event only such Trustee or school board has levied a local tuition tax 
of not less than forty cents on $100.00 of taxable property in such 
township or school town. 

DEFICIENCY — USES OF FUND. 

(Acts 1905, p. 34, Sec. 6437.) 

208. How "deficiency" money received shall be used. The Town- 
ship Trustee or School Board of Trustees shall use the amount so re- 
ceived from the State for the payment of the salaries of teachers em- 
ployed in his township or their town to enable him or them to main- 
tain schools therein for the full term as required by law during the 
year for which it was received, and shall use it for no other purpose. 

DEFICIENCY — LIABILITY FOR FUND. 

(Acts 1905, p. 34, Sec. 6438.) 

209. Trustee's liability for "deficiency" money. The Township 
Trustee, or treasurer of any town school board and the sureties on their 
bonds receiving such funds from the State, shall be liable for the 
same as for any other township or school funds they may receive in an 
official capacity. 



§210 Township Trustees: 62 

ENUMERATION OF SCHOOL CHILDREN. 

(Acts 1895, p. 127, Sec. 6447.) 

210. Annual enumeration — Ages 6 to 21 years. School Trustees are 
required between the 10th day and 30th day of April, each year, to 
take, or cause to be taken an enumeration of all unmarried persons be- 
tween the ages of six and twenty-one years. 

The enumerator shall take an oath or affirmation to take the 
same accurately and truly to the best of his skill and ability, which 
oath shall be made a matter of record in the office of the School 
Trustee. 

The duties of the enumerator are various, and reference to the 
act should be had to insure a proper report. 

The act provides that such enumerator shall be allowed a reason- 
able compensation per diem for his services, to be paid by the Town- 
ship Trustee out of his special school fund. Such employment must be 
made by the day. 

Note: If the enumeration is taken by the Trustee himself, 
he receives his per diem as Trustee only, which is paid from 
the township fund. 

(Acts 1913, p. 624, Sec. 6685b.) 

211. Duties of enumerators. Under the compulsory education act 
of 1913, it is provided: 

In order that the provisions of the compulsory education act may 
be more definitely enforced, it is provided that the enumerators of 
school children, in taking the annual school census shall ascertain and 
record the place and date of birth of every child enumerated, and the 
parent, guardian, or other persons having control or charge of such 
children, shall subscribe and take oath or affirmation that such rec- 
ord is true to the best of his information, knowledge, or belief. The 
enumerator is hereby empowered to administer such oath or affirma- 
tion and any parent, guardian, or other person having control or charge 
of children, who shall refuse to take such oath or affirmation, unless 
the refusal be based upon the want of knowledge, information, or be- 
lief, shall be adjudged guilty of a misdemeanor, and upon conviction 
thereof shall be fined in any sum not less than one dollar ($1.00). 

(Acts 1913, p. 624, Sec. 6685c.) 

212. Information for the attendance officer. Section 14 of the act 
requires of the Trustee that: On or before the first day of each school 
year he shall furnish the attendance officer thereof with the names of 
the children, subject to the provisions of this act, who are enumerated 
in the regular enumeration lists. These names shall be alphabetically 
arranged, and such official shall give to the attendance officer all infor- 
mation contained in the regular enumeration returns concerning the 
children so listed. The county and each school corporation, shall pro- 
vide its own attendance officers with the necessary postage and such 
blanks as may be required by the state board of truancy or the state 
superintendent of public instruction pertaining to the due execution 
of the duties of such attendance officers. 



63 Township Teustees. §213 

COUNTY SUPERINTENDENT'S ENUMERATION. 

(Acts 1873, p. 68, Sec. 6397.) 

213. Coimty superintendent makes on failure of Trustee— At Trus- 
tee's cost — May 1st. Whenever the Township Trustee shall neglect to 
file enumeration of school children of his township as required by law, 
it becomes the duty of the county superintendent, immediately after 
May 1st, in each year, to employ some suitable person to take the 
same, and to allow a reasonable compensation for such services, pay- 
able from the special school fund of such township. 

The superintendent shall proceed to recover the same in the name 
of the State by action against the Trustee in his individual capacity 
and in such suit the superintendent shall be a competent witness. 

ENUMERATION — WHERE FILED. 

(Acts 1873, p. 68, Sec. 6463.) 

214. When incorrect superintendent may have retaken. Each 
Township Trustee and the president of the board of School Trustees of 
towns and cities shall, on or before the first day of May, annually, 
report to and file with the county superintendent of the proper county, 
a copy of the enumeration for school purposes in his township, town 
or city, with a list of transfers to such township, town or city, with his 
affidavit endorsed thereon to the effect that the same is, to the best 
of his knowledge and belief, full and accurate and taken in accord- 
ance with the provisions of the law governing the enumeration. When 
said county superintendent, however, on an examination of the enu- 
meration returns of any township, town or city, finds any evidence that 
the enumeration is excessive in number or in any other way incorrect 
he may require the same to be retaken and returned, and if he deem 
it necessary he may, for this purpose, appoint persons to perform the 
service, who shall take the same oath, perform the same duties, and 
receive the same compensation out of the same funds as the person 
or persons who took the enumeration in the first place, and the school 
revenue shall be distributed to such school corporation upon the cor- 
rected returns. 

SCHOOL TRANSFER OF PUPILS. 

(Acts 1909, p. 173, Sec. 6449.) 

215. Reasons for a transfer — Duties of Trustee. Whenever any 
child, resident in one school corporation of the State, may be better 
accommodated in the school of another school corporation, the School 
Trustee, Board of School Trustees or commissioners of the school corpo- 
ration in which such child resides shall, upon application of the parent, 
guardian or custodian of such child, made at any time, grant an order 
of transfer which shall entitle such child to attend the schools of the 
corporation to which such transfer is made under the conditions here- 
inafter prescribed: Provided, That in determining whether a child 
can be better accommodo.ted in the schools of another school corpora- 
tion than that in which such child resides, such matters as to the 
proximity of the schools of the township and city to the residence of 



§216 Township Trustees. 64 

such child desiring the transfer; the kind and character of the roads 
to each; the means of transportation, if any, to each; the crowded con- 
ditions of the schools in either of the two school corporations shall be 
pertinent: and, Provided, further, That the desire to attend a com- 
missioned or accredited [certified] high school, when no such school is 
maintained in the resident school corporation, or when in attending 
such commissioned or accredited high school the living expenses can 
be more advantageously provided for in another school corporation, 
or when such commissioned or accredited high school in another school 
corporation is more accessible, shall be deemed reasons for such trans- 
fer: and. Provided, further. That the provisions of this act shall be 
construed as applying in the same manner to resident pupils who are 
graduates from the eighth grade in the common schools of this State, 
or its equivalent, who may desire to attend a private school of the 
secondary rank, which having been duly approved by the state board 
of education, holds the same rank as a commissioned high school. 

SCHOOLS — TRANSFERS OUTSIDE OF STATE. 

(Acts 1911, p. 481, Sec. 6448a.) 

216. AVhen a transfer can be made outside of State. That when- 
ever the children, resident in any school corporation of the State of 
Indiana may be better accommodated in the schools of another school 
corporation or district outside of the State of Indiana but adjoining 
such school corporation in Indiana, then the School Trustee, Board of 
School Trustees or commissioners of such school corporation in which 
such children reside, shall, upon petition of a majority of school pa- 
trons of such school corporation, grant orders of transfer to all chil- 
dren in such school corporation, between the ages of six and twenty- 
one years who may desire to attend school, to such school corporation 
or district outside of the State of Indiana; and for each child so 
transferred, such School Trustee of each township and the Trustees of 
each school town and school city shall pay to such foreign school corpo- 
ration as a tuition fee for each pupil, a sum not exceeding two dollars 
per month for common school education, and a sum not exceeding four 
dollars per month for graded high school education, payable from the 
special fund of such school corporation: Provided, That such trans- 
fer shall not be made if a graded high school be situated within a dis- 
tance of two miles of such school corporation within the State of In- 
diana: Provided, further. That no transfers shall be made until a sat- 
isfactory written contract shall be executed by such school corporation 
and such foreign school corporation or proper school authority. 

TUITION FOR TRANSFERRED PUPILS. 

(Acts 1915, p. 35, amending Sec. 6450.) 

217. Tuition for transferred pupils — How reckoned. If such 
transfer is granted, the School Trustee or Board of School Trustees, or 
commissioners of the school corporation in which such child resides, 
shall pay out of the special school fund, or out of the township fund 



65 Township Trustees. §218 

or out of the tuition fund at his discretion, to the School Trustee, 
Board of School Trustees or commissioners of the school corporation to 
which such child is transferred, as tuition for such child, an amount 
equal to the annual per capita cost of education in the corporation 
to which said child is transferred ; or such a part of it as the term of 
enrollment of said child in the schools of the creditor corporation 
may require: Provided, That the per capita cost in high schools shall 
be calculated upon the basis of expenditures for high school purposes, 
and the per capita cost in grade schools shall be calculated upon the 
basis of expenditure for the schools below the high school: Provided, 
That in case the corporation transferring said child maintains a school, 
or schools, of like grade to which said child is transferred, the rate 
of tuition shall in no case exceed the per capita cost in said school, or 
schools, maintained by the corporation which transfers such child. 
In calculating the per capita cost, only expenditures for the current 
year, not including permanent improvements and additions, shall be 
counted and shall be based on the following items: Salaries of in- 
structors, supervisors and superintendent, salary of janitor, fuel and 
light, printing and laboratory supplies. 

TRANSFERS — TIME FOR PAYMENTS. 

(Acts 1901, p. 448, Sec. 6452) 

218. Auditor acts as arbiter — Disputes as to transfers — Time of 
payment. February 1st and July 30th, of each year are the dates on 
which the indebtedness for tuition for transferred children shall be due 
and payable between school corporations. 

If any School Trustee refuses to make such settlement, the matter 
shall be referred by the creditor Trustee, in writing, to the county 
auditor who has the power to hear and determine the same. 

Note: It is believed that this section is repealed. Acts 
1907, p. 221. Section 6454 Burns' R. S., Section 220, this 
book, now governs the payment for transfers. 

TRANSFER — APPEAL TO SUPERINTENDENT. 

(Acts 1901, p. 448, Sec. 6451.) 

219. "WTien transfer denied — Aijpeal — -Rights of parent or guardian. 

If an order of transfer of a child be denied, the parent, guardian or 
custodian of the child shall have the right to appeal the case to the 
county superintendent of schools whose decision in the matter shall be 
final. 

TRANSFERS' — SETTLEMENTS. 

(Acts 1909, p. 331, Sec. 6454.) 

220. Settlements between corporations — In June — How paid. Any 

School Trustee, Board of School Trustees or commissioners of any 
school corporation which shall receive transfer of children from an- 
other school corporation, shall on or before the third Monday in June 
of each year, file with the School Trustee, Board of School Trustees or 
commissioners of the school corporation in which such transferred child 

5—4843 



§221 Township Trustees. 66 

or children reside, a complete statement showing all of such transfers, 
giving the name of each child and the school corporation from which 
each child was received, together with a statement of the attendance 
of each child so transferred and the amounts due to the corporation 
to which such transfer has been made because of the same, and also a 
certified statement of the annual per capita cost of maintaining the 
school or schools which such transferred child or children attended 
during the year. The School Trustee, Board of School Trustees or 
commissioners of the school corporation from which said child or chil- 
dren were transferred shall pay out of the special school fund or out 
of the township fund, or out of the tuition fund, of his corporation, at 
his discretion, to the School Trustee, Board of School Trustees or com- 
missioners of the school corporation to which such child or children 
were transferred, on or before the 1st day of August next following 
the receipt of the aforesaid statement of the amount of tuition thus 
due and in the event of failure to pay said tuition when due, a penalty 
of ten per cent, shall attach from and after the 1st day of August of 
the year in which such tuition is due: Provided, That the School Trus- 
tee, Board of School Trustees or commissioners of any school corpora- 
tion now indebted to any other school corporation on account of the 
transfer of any child or children, are hereby authorized to, and they 
shall pay such indebtedness out of the special school fund now belong- 
ing to the corporation so indebted, and not otherwise appropriated. 

TRANSFERS — TO CORPORATION OF 100,000. 

(Acts 1901, p. 513, Sec. 6455.) 

221. Transfers when made to Indianapolis. Whenever a child shall 
be transferred for school purposes from a township school to a school 
city containing 100,000 or more inhabitants (Indianapolis) and the 
parent, guardian or custodian of such child shall be a taxpayer of such 
city, the amount of tuition to be paid by the Trustee to such school city, 
on account of such transfer, shall be reduced to the extent of the cur- 
rent school taxes that shall be levied against such parent, guardian or 
custodian by such school city. 

PAYMENT FOR TRANSFER. 

(Acts 1865, p. 3, Sec. 6457.) 

222. How payment for transfer is made. Each person so trans- 
ferred, for educational purposes, to a township, town or city in an 
adjoining county, shall annually pay to the treasurer of such township, 
town or city (when a tax is levied therein for the purposes aforesaid) a 
sum equal to the tax levied, computing the same upon the property and 
poll, liable to tax, of such persons in the township, town or city where 
he resides, according to the valuation thereof by the proper assessor, 
which payment shall release his property from special school tax in 
the township in which he resides. In default of such payment he shall 
be debarred from educational privileges in the township, town or city 
to which he may have been transferred, and the Trustee thereof shall 



67 Township Trustees. §223 

notify the Trustee of the township, town or city in which h^ (the per- 
son transferred) resides, of sucli exclusion. 

Note: Evidently this section applies only to cases where 
the parent or patron is transferred as provided by Section 
6448 Burns' R. S. 

TRANSFERS — ORPHANS' HOMES. 

(Acts 1907, p. 310, Sec. 6458.) 

223. Duty of trustees — Children from orphans' homes. All de- 
pendent children in orphans' homes or custodial institutions for de- 
pendent children shall be educated by the Trustee or school board in 
which the institution is located. 

Any authority which has the placing of such child in such home, 
or institution, shall immediately give notice to the school authority 
from whence such child had legal settlement. Such Trustee or school 
board shall issue a transfer certificate for each dependent child in such 
home and send the same to the proper school authority where the 
home is located. 

(Acts 1911, p. 332, Sec. 6685e.) 

224. Requirement of ti^ansfer for pupils in charitable, correctional 
and training schools. Under a subsequent act (1911) all institutions 
conducting a correctional, charitable, educational or training school 
are prohibited from accepting any child between the age of six and 
twenty-one as an inmate, unless a school transfer issued by the proper 
school officer accompanies the admission of such child. Such trans- 
fer shall be binding so long as the child remains in such intstitution. 

Section 2 of the act provides for the compulsory education of all 
inmates of such institutions who are of school age unless physically 
or mentally disqualified. Any institution that violates this require- 
ment is guilty of a misdemeanor, and is finable not more than $25, for 
each offense. 

TRANSFERS — ORPHANS' HOMES — PAYING TUITION. 

(Acts 1903, p. 15, Sec. 6459.) 

225. How payment for tuition is made — Pupils from orphans' home. 

The school corporation in which such child has settlement shall pay 
out of the special school fund of said corporation to the school corpo- 
ration in which said institution is located, as tuition for said child, 
an amount equal to the annual per capita cost of education, in the 
corporation to which said child is transferred, or such a part of it as 
the child or children are actually school residents of the corporation 
to which they were transferred: Provided, That the rate of tuition 
per month shall not exceed one dollar and fifty cents. In calculating 
the per capita cost, only expenditures for current year, not including 
permanent improvements and additions, shall be counted. 

Note: It is evident that this section means that payment 
should be made pro rata for the time the child is enrolled. 



§226 Township Trustees. 68 

TRANSPORTATION — CENTRALIZED SCHOOL. 

(Acts 1911, p. 647, Sec. 6423a.) 

226. Transportation, non-resident pupils Centralized school. 

Where a township has established a centralized school and has provided 
transportation to such school, it shall be the duty of the Trustee, where 
additional wagons are not needed, or an additional distance is not re- 
quired, to furnish transportation to all pupils from adjoining town- 
ships who have been transferred to such school. 

The Trustee having charge of the school from which such chil- 
dren have been transferred shall pay to the other Trustee an amount 
equal to the per capita cost of transportation of the pupils of such 
township. 

SCHOOLS — TRANSPORTATION OF PUPIIjS — PAYMENT OF EX- 
PENSE. 

(Acts 1913, p. 655, Sec, 6423.) 

227. Transportation — Discontinued school — Drivers furnish teams 
— Special school fund. It shall be the duty of the Township Trustees 
to provide for the education of such pupils as are affected by such or 
any former discontinuance in other schools, and they shall provide and 
maintain means of transportation for all such pupils that live at a 
greater distance than two (2) miles and for all pupils between the 
ages of six (6) and twelve (12) that live less than two (2) miles and 
more than one (1) mile from the schools to which they may be trans- 
ferred, either within the township or in an adjoining township or 
school corporation, as a result of such discontinuance. In all town- 
ships where a school has been abandoned under the provisions of this 
act, the Trustee shall provide for the transportation of all pupils of 
any other school of such township who live more than two (2) miles 
and all pupils between the ages of six (6) and twelve (12) that live 
more than one (1) mile from the school to which they are attached, 
whenever a majority of the patrons of such school petition the Trus- 
tee to provide such transportation. Such transportation shall be in 
comfortable and safe conveyances. The drivers of such conveyances 
shall furnish the teams therefor, and shall use every care for the safety 
of the children under their charge, and shall maintain discipline in 
such conveyances. Restrictions as to the use of public highways shall 
not apply to such conveyances. The expenses necessitated by the car- 
rying into effect of the provisions of this act shall be paid from the 
special school fund. 

SCHOOLHOUSE, WHEN SOLD. 

(Acts 1865, p. 3, Sec. 6615.) 

228. Procedure for sal© of schoolhouse^ — Conveyance. The proper 
Trustee may, whenever a schoolhouse shall have been removed to a 
different location, or a new one erected for the school in a different 
place, if the land whereon the same is situated belongs unconditionally 
to the township, town or city, sell the same, when, in his opinion, it is 



69 Township Trustees. §229 

advantageous to the township, town or city, so to do, for the highest 
price that can be obtained therefor; and upon the payment of the pur- 
chase money to the township, town or city treasurer, he shall execute 
to the purchaser a deed of conveyance, which shall be sufficient to vest 
in such purchaser all the title of such township, town or city thereto. 
The money derived from such sale shall be a part of the special school 
revenue. 

Note: For sale of property of civil township, see Acts 1915, 
p. 91, Section 142, this book. 

SALE OF SCHOOL PROPERTY. 

(Acts 1907, p. 575, Sec. 6616.) 

229. Sale of school property by Trustee — Petition — Appraisal — 
Newspaper publication — Special school revenue. In all cases where 
school properties have not been used and occupied for school pur- 
poses for a period of two years, or are unnecessary by reason of the 
construction of other schoolhouses, and the said school property shall 
belong unconditionally to the township, the proper Trustee may upon 
petition signed by two-thirds (2-3) of the qualified voters of the 
school district wherein said property is situated, sell the same for the 
highest price that can be obtained therefor, but not less than two-thirds 
of its appraised value, and upon the payment of the purchase money to 
the Township Trustee, he shall execute to the purchaser a deed of con- 
veyance, if of real estate, and a bill of sale if of building or buildings, 
which shall be sufficient to vest in such purchaser all the title of such 
township thereto. Such sale shall be made only after said property 
has been duly appraised by three disinterested householders of the 
neighborhood, as other property is required to be appraised, and the 
publication of notice of the sale thereof for three successive weeks in 
a newspaper of general circulation printed and published in the town- 
ship, if any, otherwise in such paper printed and published in the 
township nearest thereto, and by posting five (5) notices of such sale 
in the township, three of which shall be in the district wherein said 
property is situated, at least three weeks prior to the date of such 
sale. The money derived from such sale shall be a part of the 
special school revenue and shall be duly recorded and accounted for 
by such Trustee. 

Note: See note under Section 228, this book. 

REMOVAL AND RELOCATION OF SCHOOLHOUSES. 

(Acts 1893, p. 17, Sec. 6417.) 

230. Superintendent's power, and duties therein. Whenever it be- 
comes necessary for the Trustee to change and re-establish the site 
of any school building and remove the buildings to a new site and lo- 
cation, the Trustee must present his petition therefor signed by him- 
self and by a majority of the patrons of such school to the county 
superintendent, together with proof that the petition is signed by suc^h 
majority. Such petition should set forth the place and particular 
point to which it is desired to change and relocate the school site, and 



§231 Township Trustees. 70 

the reasons for the proposed change. The Trustee shall not change the 
school site until the superintendent shall have issued an order grant- 
ing such change. 

(Acts 1893, p. 17, Sec. 6418.) 

231. Trustee's duties on petition to remove schoolhouse. Before 
the county superintendent shall grant such order the Trustee shall 
file with that officer his affidavit that he has caused notice to be given 
of such petition, the purposes thereof, and the place of the change of 
location of such school building, and the time the same will be pre- 
sented to such county superintendent, by posting notices in five pub- 
lic places in his township, three of which shall be in the immediate 
neighborhood from where the school building is to be removed, at least 
twenty days before the hearing by the county superintendent. 

(Act 1893, p. 17, Sec. 6419.) 

232. Penalty for unlawfully removing a schoolhouse. Any Trustee 
violating any provisions of the act shall be guilty of a misdemeanor, 
and shall be fined not less than $50 nor more than $500. 

ABANDONMENT OF SCHOOLS. 

(Acts 1901, p. 159, Sec. 6420.) 

233. Abandonment upon petition. Trustees shall not abandon any 
district school in his township until he shall have first procured the 
written consent therefor signed by a majority of those legal voters who 
are entitled to vote for Trustee in such district. 

This rule does not applpy to such schools which have an average 
attendance of twelve pupils, or fewer. 

It becomes the Trustee's duty to re-establish any abandoned dis- 
trict school upon the written petition of two-thirds of the legal voters, 
who are entitled to a vote for Township Trustee. 

Note: This section must be construed with Section 642 2 
Burns' R. S., Section 23 5 th'is book. 

(Acts 1901, p. 437, Sec. 6421.) 

234. When abandoned school shall be consolidated with another 
school. Whenever a majority of the legal voters of any school dis- 
trict shall petition the Trustee for the abandonment of their school 
and the consolidation of the school with the school of another school 
district of the township, it shall be his duty to comply with the petition, 
and to provide for the education of the children of the abandoned dis- 
trict in other schools, as asked for in the petition. 

SCHOOLS — DISCONTINUANCE. 
(Acts 1909, p. 73, Sec. 6422.) 

235. When Trustee may discontinue temporarily — Re-establishment. 

Trustees shall discontinue and temporarily abandon all schools under 
their charge at which the average daily attendance during the last pre- 
ceding year has been twelve pupils or fewer, and may likewise tempo- 



71 Township Tkustees. §236 

rarily abandon a school where the daily average for last preceding 
school year has been fifteen pupils or fewer, provided that the condi- 
tions as to roads, streams and bridges permit such temporary dis- 
continuance. 

Such school may be re-established by the. Trustee, in his discre- 
tion, whenever he feels assured of the daily average attendance of more 
than twelve pupils. 

Nothing in the act shall authorize the discontinuance of a school 
exclusively for colored pupils, and any so discontinued shall be re-estab- 
lished. 

Upon petition of a majority of patrons, any school so abandoned 
shall be re-established by the Trustee. 

Note: This section must be construed in connection with 
Sections 6420 and 6421, Sections 233 and 234 this book. 

DISSOLUTION — SCHOOL IN INCORPORATED TOWN. 

(Acts 1915, p. 199, amending Sec. 6480.) 

236. How to determine equitable right of township. Any incorpo- 
rated town in the State, that has no school indebtedness, the inhabi- 
tants of which do not exceed two thousand (2,000), as shown by the 
last preceding general census, may, through its town Board of Trustees, 
abandon and discontinue its management and control of public schools 
within such incorporated town, and abolish the Board of School Trus- 
tees therein. Whenever a town so discontinuing its Board of School 
Trustees shall desire to again take control of its school affairs the 
town board may on petition signed by a majority of the resident free- 
holders, pass an ordinance to that effect and appoint a board of School 
Trustees: Provided, That whenever a town passes such ordinance to 
again take control of its school affairs as herein above provided, it 
shall be the duty of the county assessor, county auditor and county 
superintendent of schools, to act as an appraising board to determine 
what if any equitable right the township has in the school property 
thus taken over and to determine the extent to Avhich such town is 
indebted to the township, and the Board of Town Trustees shall pay 
over to the township such amount as has been so determined; before 
said town shall be permitted to take over the schools: Provided, fur- 
ther. That such school property shall not be appraised and taken over 
by the town as above provided unless a majority of the resident free- 
holders in the township residing outside of said town, consent to 
such transfer: Provided, further. That no town board shall dissolve 
the school corporation except by consent of a majority of the free- 
holders therein. 

CONVEYANCE OF PROPERTY TO TOWNSHIP. 

(Section 6480a.) 

237. Dissolution of school in incorporated town — Deed made to the 
toA^Tisliip. The town Board of Trustees of any such incorporated town, 
upon deciding to abandon and discontinue the control of the public 
schools therein, shall make or cause to be made a good and sufficient 



§238 Township Trustees. 72 

deed, conveying all real estate belonging to such school town to the 
Township Trustee of the township in which such incorporated town is 
located; and shall transfer all the personal property and fixtures be- 
.longing to such school town to such Township Trustee, all of which 
shall be accepted and held by such Township Trustee for the use and 
purposes of the school township wherein such town is located: Pro- 
vided, That when any such incorporated town shall be located in 
two or more contiguous counties, the children of school age who are 
residents of such incorporated town shall be entitled to the same 
school privileges in such incorporated town as the children of school 
age who are residents, exclusively of the township which has assumed 
ownership and control of such school and school property. And all 
school revenue which is paid or which may hereafter be paid by that 
portion of such incorporated town lying outside of the township 
which has assumed control and ownership of such school and school 
property, shall be paid to the Township Trustee of the township where- 
in such school is located, in the same way and manner as such revenues 
were paid to the School Trustees of such incorporated town before 
such town relinquished control and possession of such school and 
school property. 

TOWNSHIP CONTROL.. 

(Section 6480b.) 

238. Trustee controls schools in towTi, when dissolved. After 
the requirements set forth in the preceding section are complied 
with, the Township Trustee shall have full and complete control of all 
the schools within such town and shall conduct the same as provided 
for by law for the other schools of such township. And all children 
of school age residing outside of the township in which such school 
and school property is situated but within the limits of any such in- 
corporated town, as herein provided, shall possess all the rights and 
privileges to attend the school or schools located within such incorpo- 
rated town, the same as though they lived in the township wherein 
such school or school property is located. 

COUNTY AUDITOR'S APPORTIONMENT. 

(Acts 1873, p. 80, Sec. 6475.) 

239. Two distributions of taxes each year by auditor. The Trustees 
receive two apportionments, made by the county auditor, each year, to 
wit: The last Monday in January and the second Monday in July. 

These embrace moneys derived from taxation, interest of congres- 
sional school fund, and the per capita common school revenue appor- 
tioned by the state superintendent of public instruction. 

SCHOOL. DIRECTOR. 

(Acts 1865, p. 3, Sec. 6589.) 

240. Elecfion annually first Saturday in October — Removal — Ap- 
pointment. Voters shall meet on the first Saturday in October and 



73 Township Tkustees. §241 

elect one of their number as school director. He shall notify the Trus- 
tee of such election within 10 days and take an oath of office. 

In case of failure to elect, the Trustee shall forthwith appoint the 
school director for such school district, so failing. 

The school director can be removed upon a petition of three- 
fourths of the persons attached to the school, who are entitled to vote 
at school meetings. 

(Acts 1873, p. 68, Sec. 6590.) 

241. Duties of school director — School meetings. The school di- 
rector acts as the organ of communication between the inhabitants and 
the Township Trustee. He shall preside at all school meetings and 
keep a record of the proceedings. 

Such meetings shall have the power to determine any additional 
branches to be taught in such school; the time at which school shall 
be taught, provided that the school revenues shall be expended within 
the year for which they were apportioned; to petition the Trustee for 
such repairs as are deemed necessary in their schoolhouse; to petition 
the Trustee for the removal of their schoolhouse to a more convenient 
location; to petition for the erection of a new schoolhouse, and the sale 
of an old one and the lands belonging thereto, and upon any other 
subject connected therewith. 

At such meetings all taxpayers, except married women and minors, 
are entitled to vote. 

However, nothing in the act prevents the Trustee from exercising 
a sound discretion as to propriety or expediency of complying with the 
prayers of the petitioners, and the cost thereof. 

When the petition embraces the subject of repairs, the removal 
or erection of a schoolhouse, an estimate of the cost thereof shall be 
furnished to the Trustee. 

The school director shall take charge of the schoolhouse and 
property belonging thereto, under the general order and concurrence 
of the Trustee, and shall preserve the same. 

Note: This section should be construed in connection with 
the advisory board law, and in case of conflict the later law 
governs. 

(Acts 1865, p. 3, Sec. 6606.) 

242. Power to exclude pupil temporarily. The school director 
shall visit and inspect the school from time to time, and when nec- 
essary may exclude any refractory pupils therefrom, but such exclusion 
shall not extend beyond the current term, and may in the director's 
discretion be for a shorter period. 

(Section 6607.) 

243. Appeal to trustee of suspended pupil. The decision of the di- 
rector in excluding a pupil shall be subject to an appeal to the Town- 
ship Trustee, whose decision shall be final. 



§244 Township Trustees. 74 

SCHOOLHOUSE IN ANNEXED TERRITORY. 

(Acts 1893, p. 194, Sec. 6611.) 

244. Annexation to incorporated town or city — Conveyance of 
school property. Whenever there has been, or may hereafter be, by 
proper proceedings, any territory annexed to any city or incorporated 
town of this State, which territory included within such boundary as 
annexed any real estate which, prior to such annexation, was the prop- 
erty of the school township adjoining such town or city, and used for 
school purposes by such school township, such real estate shall, by vir- 
tue of such annexation, at once become in fee simple the property of 
the school corporation of such town or city within the corporate boun- 
daries of which it is found after such annexation of territory, and it is 
hereby made the duty of the Township Trustee to at once execute and 
deliver to the school corporation of such town or city a deed con- 
veying such title as his school township has for all school property 
which has passed, by such proceedings, from the territorial jurisdic- 
tion of the township to that of a town or city, 

ANNEXATION OF SCHOOL TERRITORY — LIABILITY FOR SCHOOL 

DEBTS. 

(Acts 1913, p. 101, Sec. 6612.) 

245. Liability for debts. In all cases where any city or incorpo- 
rated town of this State shall hereafter annex any territory, or where 
any town shall be hereafter incorporated in which territory so an- 
nexed or incorporated there shall be the property of any school town- 
ship used by such school township for school purposes, and such 
school township shall be at the date of such annexations, indebted 
either for the purchase of said school property, or for buildings con- 
structed thereon, it shall and is hereby made the duty of the school 
corporation of such city or incorporated town to pay such indebtedness, 
and such school corporation is hereby declared to be and made liable 
therefor. Until such city or town school corporation shall have paid 
such indebtedness, it shall not be entitled to a deed therefor, and if such 
indebtedness is paid by said school township, such school township 
shall be entitled to recover the amount so paid from said city school 
corporation with interest at the rate of six per cent, per annum from 
date of payment, and on payment of such amount the said school corpo- 
ration shall be entitled to a deed of such property as now by law 
provided. Whenever eliij annexation of such property has been made 
prior to the passage of this act and subsequent to the passage of the 
act of which this is amendatory, then liability on the part of such an- 
nexing city or town for any such indebtedness remaining unpaid at the 
time of the passage of this act, shall be under this act the same as if 
such annexation had taken place subsequent to the passage of this act. 

(Acts 1915, p. 570.) 
245a. Liability for civil debts. In all cases where any city or incor- 
porated town of this State has annexed or shall hereafter annex any 



75 Township Trustees. §246 

territory, or where any town has been or shall hereafter be incorpo- 
rated, and where the civil township, from which such territory was or 
is taken, is indebted or has outstanding unpaid bonds or other obliga- 
tions at the time of such annexation or incorporation of such territory, 
then such city or town, as the case may be, shall be liable for, and pay 
so much of such indebtedness of such civil township in proportion 
that the assessed valuation of property in such annexed or incorpo- 
rated territory is to the valuation of all property in such township, 
as the same is assessed for general taxation, prior to the annexation of 
any such territory or incorporation of any such town. Such annexing 
city or town, or newly incorporated town shall pay such part or pro- 
portion of such unpaid indebtedness of such civil township to the 
Township Trustee: Provided, That in case such indebtedness consists 
of outstanding unpaid bonds or notes, of such civil township, then 
such payment to such Trustee shall be made at such time as the prin- 
cipal, or any part thereof, or interest of such bonds or notes falls or 
becomes due. 

SITE FOR SCHOOLIIOUSE — EMINENT DOMAIN. 

(Acts 1907, p. 114, Sees. 6633-6636.) 

246. Eminent Domain— Purchase of real estate — Cii'cuit court. 

Whenever, in the opinion of the Trustees of school corporations of 
any city or town, or of the Township Trustee of any township in the 
State, it shall be considered necessary to purchase any real estate, on 
which to build a schoolhouse, or for any other purposes connected 
therewith, such Township Trustee or School Trustees, or a majority of 
them, may file a petition in the circuit court of said county, asking 
for the appointment of appraisers to appraise and assess the value of 
said real estate. 

(Section 6634-6636.) 

247. When Trustee may make tender, and how. The act outlines 
the duties of the appraisers who are appointed by the court, after a 
ten days' notice of the pendency of the petition, and provides that the 
court shall cause the land to be conveyed to the township, upon pay- 
ment of the appraised value. 

Before beginning the proceedings, a tender or offer may be made 
by the Trustee for the property to its owner of an amount deemed a 
reasonable value therefor, and if the appraisement is equal or less than 
the tender, then the cause shall be prosecuted at the costs of the 
owner. Where there is no tender, the action shall be at the cost of 
the petitioners. 

SCHOOLS — SANITARY BUILDINGS. 

(Acts 1915, p. 94, amending Sec. 6616a-e.) 

248. 1913 laAv relative to sanitary school buildings. The require- 
ments mentioned in the amending act, 1915, relative to the erection, 
or remodeling, thereafter, of sanitary schoolhouses are ample and em- 
brace the subjects of, viz: 



§249 Township Trustees. 76 

Sites, 

Buildings, 

Lighting and heating, 

Blackboards and cloak rooms. 

Water supplies and drinking arrangements. 

Heating and ventilation, and 

Water closets and out houses. 

The specifications under each of the above heads are quite com- 
plete, and any Trustee before contracting for a new school building or 
remodeling one should procure the legal requirements through .the 
state board of health at Indianapolis. 

An act of 1911 also contains provisions touching duties of Trus- 
tees concerning infectious diseases which have had mention else- 
where. 

USE OF SCHOOLHOUSE FOR PRIVATE SCHOOL. 

(Acts 1865, p. 3, Sec. 6613.) 

249. Use of schoolhouse for a private school. When a school- 
house is unoccupied by a common school of the State, and the people 
who form the school at such house desire that a private school be 
taught therein, and a majority of them make application to the Trus- 
tee having charge of such house for the use of it for such private 
school, it shall be the duty of the Trustee to permit said schoolhouse 
to be used for such private school by such teacher as may be men- 
tioned in the application, but not for a longer time than until said 
house may be wanted for a public school; and such permission and 
use shall be upon the condition that the teacher employed in said 
school shall report, in writing, to the Trustee — 

First. The number of teachers employed, distinguishing between 
male and female. 

Second. The number of pupils admitted into the school within 
the term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said school. 

USE OF SCHOOLHOUSE FOR OTHER PURPOSES. 

(Acts 1859, p. 181, Sec. 6614.) 

250. Use of schoolhouse for political and religious meetings. If a 

majority of the legal voters of any school district desire the use of 
the schoolhouse of such district for other purposes than common 
schools, when unoccupied for common school purposes, the Trustee 
shall, upon such application, authorize the director of such school dis- 
trict to permit the people of such district to use the house for any 
such purposes, giving equal rights and privileges to all religious de- 
nominations and political parties, without any regard whatever to the 
numerical strength of any religious denomination or political party of 
such district. 



77 Township Trustees. §251 

SCHOOLS — BUILDINGS USED FOR PUBLIC GATHERINGS. 

(Acts 1913, p. 947, Sec. 6614b.) 

251. Use of schoolhouse for public gatherings. Upon application of 
not less than one-half of the voters residing within two (2) miles of 
any schoolhouse or other public buildings or grounds, which are 
capable of being more widely used as public meeting places for non- 
partisan gatherings of citizens, for the presentation and discussion of 
public questions or for other civic, social or recreational activities, the 
Township Trustee or other authorities having charge of such school- 
houses, public buildings or grounds shall allow the use of such build- 
ings or grounds for the open presentation and free discussion of pub- 
lic questions, and may allow the use of such buildings or grounds for 
such other civic, social and recreational activities as in the opinion of 
the controlling board do not interfere with the prime purpose of the 
building or grounds. 

BUILDINGS TO BE LIGHTED AND HEATED. 

(Section 6614c.) 

252. Buildings to be lighted and heated. Where the citizens of 
any community are organized into a nonpartisan, nonsectarian, non- 
execlusive association for the presentation and discussion of public 
questions, the school board or other body having charge of the school- 
houses or other public properties which are capable of being used as 
meeting places for such organization, when not being used for their 
prime purpose, shall provide, free of charge, light, heat and janitor 
service, where necessary, and shall make such other provisions as may 
be necessary for the free and convenient use of such building or 
grounds, by such organization for weekly, biweekly or monthly gather- 
ings at such times as the citizens' organization shall request or des- 
ignate. 

(Section 6614d.) 

253. Use of to be free and gratuitous — Control. The school board 
or other board having charge of the schoolhouses or other public 
properties, may provide for the free and gratuitious use of the school- 
houses or other public properties under their charge for such other 
civic, social and recreational activities, as in their opinion do not 
interfere with the prime use of the buildings or properties. 

(Section 6614e.) 

254. Personal responsibility for damage^ — Refusal. The person or 
persons making application for the use of a schoolhouse or other pub- 
lic property for public meetings, shall be responsible for all damage 
to the property occurring at such meetings, ordinary wear and tear 
excepted, and upon failure of the responsible person or persons to 
respond in damages for any such injury to the property, the school 
board or other board in charge of the schoolhouse or other public 
property, may refuse ail future applications for the wider use of the 
property until such injury is repaired, without expense to the board 
in charge of the property. 



§255 Township Trustees. 78 

VOCATIONAL. EDUCATION. 

(Acts 1913, p. 37, Sec. 6641b.) 

255. Establishment of schools — How maintained. Under Act, 1913, 
provisions are made for the establishment in townships of vocational 
schools, as follows: 

Any school city, town or township may through its board of school 
trustees or school commissioners or Township Trustee, establish voca- 
tional schools or departments for industrial, agricultural and domestic 
science education in the same manner as other schools and depart- 
ments are established and may maintain the same from the common 
school funds or from a special tax levy not to exceed 10 cents on each 
$100 of taxable property, or partly from the common school funds and 
partly from such tax. School cities, towns and townships are au- 
thorized to maintain and carry on instruction in elementary domestic 
science, industrial and agricultural subjects as a part of the regular 
course of instruction. 

(Section 6 64 Id.) 

256. When townships may join in maintenance. Two or more 
school cities, towns or townships or combinations thereof, may co- 
operate to establish and maintain vocational schools or departments 
for industrial, agricultural or domestic science education or in supervis- 
ing the same, whenever the school board or Township Trustees of such 
school cities, towns or townships shall so determine and apportion the 
cost thereof among the cities, towns and townships co-operating. 
Whenever such co-operative schools or departments have been deter- 
mined upon by any school cities, towns or townships, or combination 
thereof, the presidents of the school boards of the cities or towns and 
the Township Trustees of the townships co-operating shall constitute a 
board for the management of such school or department, such board 
may adopt for a period of one year or more, a plan of organization, 
administration and support for such school or department and the plan, 
if approved by the state board of education, shall constitute a binding 
contract between cities, towns and townships entering into a co-opera- 
tion to support such schools and courses which shall be cancelled or 
annulled only by the vote of a majority of the school boards or Town- 
ship Trustees of such school cities, towns or townships and the ap- 
proval of the state board of education. 

(Section 6641i.) 

257. How advisory committees shall be appointed. Boards of edu- 
cation or Township Trustees administering approved vocational schools 
and departments for industrial, agricultural or domestic science educa- 
tion, shall, under a scheme to be approved by the state board of edu- 
cation, appoint an advisory committee composed of members repre- 
senting local trades, industries and occupations. It shall be the duty 
of the advisory committee to counsel with and advise the board and 
other school officials having the management and supervision of such 
schools or departments. 



79 TownshipJTrustees. §258 

(Sections 6641k and 6641o.) 

258. Compulsory attendance — Fourteen to sixteen years — Reim- 
bursement. In case the board of education or Township Trustee of any 
city, town or township have established approved vocational schools 
for the instruction of youths over fourteen years of age who are en- 
gaged in regular employment, in part-time classes, and have formally 
accepted the provisions of this section, such board or Trustee are au- 
thorized to require all youths between the ages of fourteen and sixteen 
years who are regularly employed, to attend school not less than five 
hours per week between the hours of 8 a. m. and 5 p. m. during school 
term. 

Any school city, town or township having claims for reimburse- 
ment against the State under the provisions of this act shall present 
the same to the state board of education on or before July 1st of each 
year immediately following the completion of the work for which they 
are entitled to reimbursement from the State. The board shall if they 
approve the claim authorize its paj'ment by the auditor of state who 
shall thereupon draw his warrant on the treasurer of state for the pay- 
ment of the amount due such school city, town or township, from the 
fund provided in this act. 

SCHOOLS — AGRICIILTL'RE AND DOMESTIC SCIENCE. 

(Acts 1913, p. 109, Sec. 6623h.) 

259. Procedure for the establishment of — Petition — Levy. When- 
ever twenty-five (25) per cent, of the legal voters of any township, in 
the State of Indiana, wherein is situated a township high school, shall 
petition the Township Trustee, of such township, for the erection, con- 
struction and equipping of a room or building upon the grounds or 
real estate upon which such high school is situate, in which to teach 
and instruct the students of such township in the arts of agriculture, 
domestic science, or physical or practical mental culture, and in which 
to hold school or township entertainments, or to be used for township 
purposes, the Township Trustee, with the concurrence of the advisory 
board of such township, shall be authorized and empowered to provide 
such room or building, as may best suit such needs in such township, 
by erecting, building and equipping such room or building, as afore- 
said, to meet the requirements and necessities therefor. 

(Section 6623i.) 

260. Buildings — Issue of bonds — Limitation. For the purpose of 
raising funds for the building and construction of such room or build- 
ing, as is provided in section 1 of this act, the Township Trustee of 
such township is hereby authorized and empowered, with the concur- 
rence and sanction of the advisory board of such township, to issue and 
sell the bonds of such township in an amount sufficient to pay for the 
construction and equipping of such room or building, and to levy a 
tax on the taxable property of such township in an amount sufficient 
to discharge and satisfy such bonds so issued and sold; provided, such 
bonds shall be in equal series, and shall fall due, one each year, for 



§261 Township Trustees. 80 

a period of ten (10) years: Provided, further, That an amount not 
exceeding one (1) per cent, of the total amount of taxable property of 
any township may be used and expended for the purpose of carrying out 
the provisions of this act. 

(Section 6623j.) 

261. Duty of Trustee — Maintenance — Tax levy. The Township Trus- 
tee, of any township, in the State of Indiana, shall, by the provisions 
of the act being first complied with, shall cause such room or build- 
ing to be constructed and equipped for the teaching and instruction 
of agriculture science, domestic science, physical culture, practical 
mental culture, or in which to hold any school or township entertain- 
ments, or for other township purposes, may, and he is hereby author- 
ized and empowered to maintain such room or building, for the pur- 
pose aforesaid, and to make a levy of taxes, on the taxable property 
of such township, sufficient to raise the necessary funds with which 
to maintain such room or building, and to conduct therein the courses 
of instruction mentioned herein. 

TEACHERS — EMPLOYMENT. 

(Acts 1884, p. 30, Sec. 6592.) 

262. Qualifications of teachers — Employment and dismissal. Trus- 
tees shall employ no person to teach in any of the common schools 
of the State of Indiana, unless such person shall have a license to 
teach, issued from the proper state or county authority, and in full 
force at the date of the employment. Any teacher who shall com- 
mence teaching any such school without a license, shall forfeit all 
claim to compensation out of the school revenue for tuition for the 
time he or she teaches without such license; but if a teacher's license 
shall expire by its own limitation within a term of employment, such 
teacher may complete such term of employment within the then cur- 
rent year. The said trustee shall not employ any teacher whom a 
majority of those entitled to vote at school meetings have decided 
at any regular school meeting, they do not wish employed; and at 
any time after the commencement of any school, if a majority of such 
voters petition such Trustee that they wish the teacher thereof dis- 
missed, such Trustee shall dismiss such teacher, but only upon due 
notice, and upon good cause shown; but such teacher shall be entitled 
to pay for services rendered. 

TEACHERS — EMPLOYMENT OF. 

(Acts 1893, p. 34, Sec. 6593.) 

263. Terms for which teachers may be employed — Contracts — Trus- 
tee's liability. After the passage of this act it shall be unlawful for 
any Township Trustee to contract with any teacher to teach in any 
common school if the actual term of service of such teacher under 
such contract does not begin before the expiration of the term of 
office of such Trustee. Every contract made in violation of the pro- 
visions of this section shall, as to the township represented by such 



81 Township Trustees. §264 

Trustee, and the school fund thereunto belonging, be absolutely void; 
but such Trustee shall be personally liable to such teacher for all 
services rendered under such contract, and for all damages which he 
may sustain by reason thereof. 

TEACHERS — CONTRACTS TO BE IN WRITING. 

(Acts 1899, p. 173, Sec. 6594.) 

264. Contracts to be in writing. All contracts hereafter made by 
and between teachers and school corporations of the State of Indiana 
shall be in writing, signed by the parties to be charged thereby, and 
no action shall be brought upon any contract not made in conformity 
to the provisions of this act. 

TEACHERS— RECORD OF CONTRACTS. 

(Acts 1899, p. 173, Sec. 6595. j 

265. Trustees' duties as to record of teachers' contracts. For the 

purpose of carrying this act into effect the School Trustees of the sev- 
eral school corporations of this State shall provide a public record of 
uniform blank contracts to be carefully worded under the direction of 
the superintendent of public instruction, and cause such contracts to be 
signed therein, which record shall be deemed a public record, open to 
inspection by the people of their several school corporations. 

TEACHERS — MINIMUM WAGES. 

(Acts 1913, p. 104, Sec. 6599.) 

266. Acts 1913 — Minimum wages for teachers. The daily wages 
of teachers for teaching in the public schools of the State shall not be 
less, in the case of beginning teachers, than an amount determined by 
multiplying two and one-half cents by the general average given such 
teacher on his highest grade of license at the time of contracting. For 
teachers having had a successful experience for one school year of not 
less than six months, the daily wages shall be not less than an amount 
determined by multiplying three cents by the general average given 
such teacher on his highest grade of license at the time of contracting. 
For teachers having had a successful experience for three or more 
school years of not less than six months each, the daily wages shall be 
not less than an amount determined by multiplying three and one-half 
cents by the general average given such teacher on his highest grade 
of license at the time of contracting. For teachers having had a 
successful experience of live or more school years of not less than six 
months each, the daily wages shall be not less than an amount deter- 
mined by multiplying four cents by the general average given such 
teacher on his highest grade of license at the time of contracting. All 
teachers now exempt from examination shall be paid, as daily wages 
for teaching in the public schools, not less than an amount determined 
by multiplying three and one-half cents by the general average of 
scholarship and success given such teacher: Provided, That the grade 
of scholarship accounted in each case be that given at the teacher's 

6—4843 



§267 Township Trustees. 82 

last examination, and that the grade of success accounted be that of 
the teacher's term last preceding the date of contracting: and, Pro- 
vided further. That two per cent, shall be added to the teacher's gen- 
eral average of scholarship and success for attending the county insti- 
tute the full number of days, and that said two per cent, shall be added 
to the average scholarship of beginning teachers. 

TEACHERS — PAYMENT AT LESS THAN MINIMTJM. 

(Acts 1907, p. 146, Sec. 6601.) 

267. Penalty for Trustee to pay less. If any school officer shall pay 
to any teacher for school services at a rate less than that fixed by the 
minimum wage act, he shall be fined in any amount not exceeding 
$100.00 and shall be liable in a civil action for wages to such teacher 
at the rate provided in this act, which may be recovered by such teach- 
er, together with an attorney's fee of $25.00, in any court of justice of 
competent jurisdiction. 

TEACHERS — SPECIAL. EXA^HNATION. 

(Acts 1865, p. 143, Sec. 6603.) 

268. When Trustee may require special examination. If persons 
attached to and forming a school district shall, at a school meeting, 
designate other branches of learning than those required by law to be 
taught, which they desire to have taught in their school, the Trustee 
in employing a teacher for said school shall require said teacher to 
be examined as to his Qualifications to teach the branches so desig- 
nated. 

TEACHERS' INSTITUTES. 

(Acts 1915, p. 555, amending Sec. 6637.) 

269. Teachers required to attend institute — Conditions. At least 
one Saturday in each month during which public schools may be in 
progress shall be devoted to township and city institutes, or model 
schools for the improvement of teachers; and two Saturdays may be 
appropriated, at the discretion of the Township Trustee of any town- 
ship or the Board of School Trustees or board of school commissioners 
of any city. Such institute shall be presided over by a teacher, or other 
person, designated by the Trustee of the township, or by the city su- 
perintendent or other person designated by him. The Township Trus- 
tee, Board of School Trustees, or board of school commissioners shall 
specify, in a written contract with each teacher, that such teacher shall 
attend the full session of each institute contemplated herein, or for- 
feit one day's wages for every day's absence therefrom, and for each 
day's attendance at such institute each teacher shall receive the same 
wages as for one day's teaching: Provided, That no teacher shall re- 
ceive such wages unless he or she shall attend the full session of such 
institute and perform the duty or duties assigned: and, Provided, The 
provisions of this act shall not apply to school teachers who are en- 
gaged in teaching school on Saturdays. 



83 Township Trustees. §270 

(Acts 1911, p. 666, Sec. 6640a.) 

270. Adjourning schools — Pay of teachers. The school board of any- 
city or town, and the Township Trustee of any township, may adjourn 
the schools of such city, town or township in order to allow teachers to 
attend sessions of schools or institutes of agricultural instruction held 
in the county, and the meetings of any teachers' associations, and to 
visit model schools under the direction of Trustees or Boards of Trus- 
tees and shall pay such teachers a wage for the time spent equal to the 
per diem of such teacher: Provided, That not more than three days 
shall be allowed in any one year. 

SCHOOLS — TOWNSHIP HIGH SCHOOLS — HOW ESTABLISHED. 

(Acts 1913, p. 331, Sec. 6584a-b.) 

271. How to be maintained in townships of $600,000 valuation. 

In each township having an assessed valuation of $600,000 of taxable 
property and wherein there is not situated a city or town maintaining 
a high school, and wherein for each of the two years last past there 
have been eight or more graduates of the township elementary schools, 
residing in such township, the Trustee may establish and maintain a 
high school or a joint high school and elementary school and employ 
competent teachers therefor. 

In such township having eight or more elementary graduates, where 
there is no high school within three miles of its boundary line, the 
Trustee shall establish and maintain therein a high school and employ 
competent teachers therefor, 

(Acts 1913, p. 331, Sec. 6584a.) 

272. Petition of majority of parents, guardians and heads of fami- 
lies. Whenever a majority of parents, guardians, heads of families or 
persons having charge of children, who were enumerated for school 
purposes in said township at the last enumeration, petition the Trustee 
of said township to establish and maintain a high school or a joint 
high school and elementary school, said Trustee shall establish and 
maintain such a school petitioned for. 

(Acts 1913, p. 331, Sec. 6584c.) 

273. Power of Trustee to locate^ — Appeal to county superintendent — 
Decision final — Qualifications of pupils. The location of such high 
school shall be determined by the Trustee. 

When ten or more persons who are parents, guardians, heads of 
families or persons who have charge of children who are graduates 
from the elementary schools and who were enumerated, petition for 
another location than that determined upon by the trustee, an appeal 
to the county superintendent is given. 

The county superintendent shall thereupon determine the location 
of the high school building, and his decision shall be final, and the 
Trustee shall proceed in the execution of the provisions of the act. 



§274 Township Trustees. 84 

SCHOOLS — HIGH SCHOOL DISTRICT. 

(Acts 1911/p. 475, Sec. 6623b.) 

274. High school district — To^vnship joining with tovkTi or city. 

Any city or incorporated town located in any township or townships 
in this State and which maintains or may hereafter establish and main- 
tain a regularly commissioned high school, easy of access and which 
meets the requirements for high school pupils, may establish and main- 
tain jointly with any such township or townships contiguous thereto 
or any part thereof and any incorporated town located therein, a high 
school which will furnish adequate accommodations for the high school 
pupils in the territory included and the same shall be constituted and 
known as a high school district. 

(Section 6623b.) 

275. District — Determining the territory — Joint high schooL 

School commissioners, Boards of School Trustees, Township Trustees 
or other school officials interested may meet and determine the teritory 
to be included in such high school district; make provisions for ample 
school building or buildings and equipment, and provide for the main- 
tenance and support of such high schools as herein provided. 

275a. JOINT TOWNSHIP HIGH SCHOOLS. 

(Acts 1915, p. 580.) 
In two adjoining townships, in any county in this State, having 
a joint assessed valuation of more than seven hundred and fifty thou- 
sand dollars ($750,000.00) of taxable property, and wherein there is 
not now established, in either of said adjoining townships, or in any 
town or city in either of said adjoining townships, a separate high 
school, and in which there is not now established a joint high school 
for the use of said adjoining townships, and wherein, for each of the 
two years last past, there have been eight or more graduates of the 
township elementary schools residing in each of said adjoining town- 
ships, the Township Trustees of said adjoining townships, whenever 
at least one-third or more of the parents, guardians, head of families, 
or persons, having charge of children, who were enumerated for 
school purposes in said township, at the last preceding enumeration, 
petition the Trustees of said adjoining townships, to establish, erect 
and maintain, a joint high school building and high school, at some 
point within said adjoining townships, to be set out and designated 
in said petition, shall establish, erect, and maintain such joint high 
school building and high school within said adjoining townships as 
petitioned for, and employ competent teachers therefor. 

CONTRACT FOR SCHOOL FACILITIES. 

(Acts 1915, p. 158, amending Sec. 6623c.) 

276. School ofiicials may contract for accommodations — Board of 
controL The school officials of any such township, townships and in- 
corporated towns may authorize and enter into contract with the school 



85 Township Trustees. §277 

commissioners or Board of School Trustees of any such city or incor- 
porated town to provide such high school accommodations for a part 
or all of their respective townships or town corporations by the pur- 
chase of grounds, erection of a building or buildings or by making re- 
pairs of present building or addition thereto, and by equipping the same 
in accordance with existing laws governing cities and towns in such 
procedure including the issuing of notes or bonds of their respective 
corporation and the payment of the same: Provided, That the officials 
of the several school corporations composing such high school district 
may by contract provide for a board of control for such high school or 
schools consisting of the Township Trustee of each township and the 
president of the board of school commissioners or School Trustees of 
each city or town included in such high school district which board of 
control shall have full control and management of such school or 
schools as may be established or maintained by such high school dis- 
trict each member being entitled to an equal vote in such control and 
management: and Provided, That the provision for such board of con- 
trol shall not be effective in any high school district established by 
virtue of this law, except in such high school districts as shall contract 
for such board of control as herein provided. 

Note: It is believed that the school authorities in such 
high school districts had no power to make contracts for the 
control or management of the schools prior to the amendment 
of 1915, but that the officials of the parent corporation in 
which such schools are located, had the control and manage^ 
ment, and will have such control until contracts as provided 
in the amended act shall be made. — Editor. 

Chapter 8 0, Acts 1915, p. 158, amends and supersedes 
Chapter 13, Acts 1915, p. 29. 

EXPENSES — APPORTIONIVIENT. 

(Section 6623d.) 
277. Exi>eiises — Appoi'tionment — -Estiinates. The school commis- 
sioners or Board of School Trustees of such cities and towns shall pre- 
pare and submit annually, prior to the time for the levy of school taxes 
for any year, to the school officials of all interested school corporations 
of said high school district, an itemized statement of the cost of all 
expenditures for improvements and maintenance of such high school 
or schools for the previous year, with an itemized estimate of the cost 
of all proposed improvements, changes, equipment and expenses inci- 
dental thereto for the ensuing year, including any notes bonds or 
interest thereon falling due and issued under any contract made under 
the provisions of this act, and such school officials shall meet and deter- 
mine the expenditures needed and the total amount required for any 
unpaid obligations, improvements or requirements for the ensuing fiscal 
year of such high school. The total amount shall then be apportioned 
among the several school corporations affected or benefited thereby in 
proportion to the last official assessed valuation in each of said school 
corporations or parts thereof in said high school district. Said offi- 
cials of each school corporation shall pay out of the school funds of 
the township the amount apportioned to their respective school cor- 



§278 Township Trustees. 86 

porations for the maintenance of such high school and may issue notes 
or sell the bonds of their respective corporations for any permanent 
improvements in such high school or pay the same out of the special 
school fund in their discretion. The school corporation shall assess 
such sum on the entire property within the school corporation or 
against the property of that part of the school corporation directly 
benefited. 

(Section 6 623e.) 

278. Wairants — Fund must not be diverted. The amounts due 
from any school corporation shall be paid on warrants issued by the 
order of the proper officials of such school corporation to the treas- 
urer of the board of school commissioners or Board of School Trustees 
of such city or town and such funds shall be used only for said high 
school purposes, and no other. 

(Section 6623f.) 

279. How township may withdraw from co-operative high school. 

If any school corporation shall at any time wish to withdraw from said 
high school district and establish a separate high school, they shall 
receive from the school corporations remaining in the said district an 
equitable amount for their interest in the property of said high school 
district, to be determined by a board consisting of the county super- 
intendent, county auditor and county assessor. The amount thereof 
shall be paid to the corporation and the sum shall be assessed against 
the remaining school corporations as other amounts are assessed. 

(Section 6623g.) 

280. Act declared to be supplemental one. It is the intent of this 
act that its provisions shall be additional to any statutory provisions 
for the establishment and maintenance of high schools. This act shall 
not therefore be construed to repeal, in whole or in part, any other 
statute having to do with the establishment, maintenance or support 
of public high schools, except as herein provided. 

JOINT SCHOOLS AND HOUSES. 

(Acts 1901, p. 53, Sec. 6620.) 

281. When Trustee may join with adjacent township. The Trustee 
of two or more adjacent school corporations may establish a new school 
district and build a schoolhouse therein at the joint expense of their 
several corporations, whenever, in their judgment, it shall appear neces- 
sary for the better accommodation of the people of their respective cor- 
porations. Provided, That such necessity must be set forth in a peti- 
tion of the persons making the request, such petition to be presented 
to each of said Trustees. And said Trustees shall, at the time agreed 
upon by them, not less than ten days nor more than thirty days from 
the time of receiving such petition, hold a joint meeting for the pur- 
pose of declaring whether such petition shall be granted, and take 
further action as the case may require. 



87 Township Trustees. §282 

(Acts 1901, p. 53, Sec. 6621.) 

282. Expense of establishing, how borne — Control of school. Each 
corporation shall bear such part of the expense of establishing such 
joint district school as the number of children of school age residing 
in each corporation and attaching themselves to said new district at 
the time of the formation, bears to the whole number of children of 
school age who are attached to said district at its formation and each 
corporation shall assume its share of the debt so incurred. But when 
said school shall be established it shall be controlled by the corpora- 
tion in which it is established in the manner already prescribed by law. 

SCHOOLS — BUILDINGS IN TOWNS — USE BY TOWNSHIP. 

(Acts 1911, p. 141, Sec. 6614a.) 

283. When free use of building is offered — Conditions. Whenever 
the owner of a school building located in an incorporated town ten- 
ders the use of the same for school purposes for the school year to the 
Trustee of the township within which it is located without any charge 
or expense other than keeping the same in proper repair and good 
condition during such school year, such Trustee if he deem the use of 
school building suitable and convenient may use the same for school 
purposes in the same manner as township school buildings are now 
used and the employment and paying of teachers, the admission of 
pupils, and conducting school in said building, and the care thereof 
shall be governed by the laws applicable to township schools located 
without such towns. 

JOINT SCHOOLHOUSE — EXPENSE OF MAINTENANCE. 

(Acts 1901, Sec. 6622.) 

284. How expense of maintenance to be apportioned. The children 
of school age resident in a joint district already established or here- 
after established shall be admitted to the joint school maintained 
therein, without transfer certificates or tuition charge. The trustees 
of the various corporations from Which the joint district is made shall 
pay such part of the cost of maintaining the joint school as the num- 
ber of pupils enrolled from each corporation bears to the whole num- 
ber enrolled in the joint school. 

JOINT GRADED SCHOOLS. 

(Acts 1873, p. 68, Sec. 6623.) 

285. When joint graded schools may be established. The School 
Trustees of two or more distinct municipal corporations for school pur- 
poses shall have power to establish joint graded schools, or such modi- 
fications of them as may be practicable, and provide for admitting into 
the higher departments of their graded schools, from the primary 
schools of their corporations, such pupils as are sufficiently advanced 
for such admission. Said Trustees shall have the care and manage- 
ment of such graded schools, and they shall select the teachers there- 
for. They shall have power to purchase suitable grounds for such 



§286 Township Trustees. 88 

graded schools, and erect suitable buildings thereon; and the title to 
all such property, acquired for such purposes, shall vest joiiitly in the 
corporations establishing the graded schools. 

JOINT SCHOOLHOUSE FOR SEVERAL TOWNSHIPS. 

(Acts 1877, p. 125, Sec. 6617.) 

286. Joint schoolhouse— -Two or more townships. The Trustees of 
two or more adjacent counties or townships may establish a new school 
district, and build a schoolhouse therein at the joint expense of their 
several townships, whenever, in their judgment, it shall appear neces- 
sary for the better accommodation of the people of their respective town- 
ships: Provided, That such necessity must be set forth in a petition 
of the persons making the request — such petition to be presented to 
each of said Trustees. And said Trustees shall, at the time agreed upon 
by them, not less than ten days nor more than thirty days from the 
time of receiving such petition, hold a joint meeting, for the purpose 
of declaring whether such petition shall be granted, and take such 
further action as the case may require. 

JOINT DISTRICTS — COST OF ERECTING. 

(Acts 1877, p. 125, Sec. 6619.) 

287. How cost of erection shall be apportioned. Each township 
shall bear part of the expense of establishing such joint district school 
as the number of children of school age residing in each township and 
attaching themselves to said new district at the time of the formation, 
bears to the whole number of children of school age who are attached 
to said district at its formation; and each township shall assume its 
share of the debt so incurred. But when said school shall be estab- 
lished, it shall be supported by the township in which it is established, 
in the manner already prescribed by law. 

JOINT DISTRICTS, SCHOOLHOUSE FOR. 

(Acts 1903, p. 43l, Sec. 6618.) 

288. Dnty of Trustee when funds insufficient. Whenever a majority 
of the school patrons of two or more adjoining school districts, located 
in two or more adjacent townships, may heretofore have petitioned, or 
whenever they may hereafter petition, in substantial compliance with 
the provisions of section 1 of an act of the general assembly of the 
State of Indiana, in force March 6, 1877, being section 6617, Burns' 
revised statutes 1914, to the Trustees of said townships for the estab- 
lishment of a new school district and the erection of a joint school 
house for a joint graded school, at the place named in said 
petition, for the accommodation of the school children residing in said 
school district, and if said Trustees shall have granted, or may here- 
after grant, the prayer of said petition, or if an appeal may have been 
taken, or may hereafter be taken, to the county superintendent, from 
the decision of said Trustees, refusing to grant the prayer of said peti- 
tion, under the provisions of section 6667, Burns' revised statutes 



89 Township Trustees. §289 

1914, and if on such appeal said superintendent may have granted, or 
may hereafter grant, the prayer of said petition, then, in either of such 
events, an emergency shall thereby exist for the procurement of a 
site and the erection of such schoolhouse, as contemplated by section 
9595, Burns' Revised Statutes 1914, and if there is not sufficient 
money on hand for the purpose, the Trustees and the advisory boards 
of said townships shall proceed to raise the money necessary to meet 
such emergency, as provided by said section, and shall also procure 
the necessary site for the erection of said schoolhouse and erect and 
maintain the same as provided by law. 

SCHOOLS — CITY AND TOWNSHIP — JOINT GRADED SCHOOL. 

(Acts 1913, p. 911, Sec. 6622a.) 

289. When matter is to be settled by an election. Whenever twen- 
ty-five (25) legal voters, residing in any incorporated town or city of 
the fifth class and twenty-five (25) legal voters residing in the same 
township, but outside said town or said city, shall petition the school 
board of said town or said city and the Township Trustee of the town- 
ship in which said town of said city is located to erect a joint school- 
house for a joint graded school, or a joint high school, or both, or such 
modification thereof as may be practicable, it shall be the duty of the 
school trustee of said town or said city and of said Township Trustee or 
a majority of them^to call elections of the voters of the town or city and 
the voters of the township residing outside of such town or city respec- 
tively, for the purpose of determining whether a majority of the legal 
voters of each school corporation are in favor of building said joint 
schoolhouse. Such elections of the legal voters of the townships out- 
side of the town or city shall be separate and independent. Said Trus- 
tees shall, upon the filing of said petitions, give notice by publication, 
for three successive publications, in a weekly newspaper, if any, pub- 
lished in said township, and if no weekly is published in said town- 
ship, then in the nearest newspaper published in said county, that on 
a day to be named by said Trustee the polls will open at the several 
voting places in said township named in the petition for the purpose 
of taking the vote of the legal voters thereof upon whether such joint 
schoolhouse shall be built; said elections shall be held not less than ten 
(10) days nor more than twenty (20) days after the last publication 
of said notice. 

BALLOTS — ELECTION 3IETHOD. 

(Acts 1911, p. 463, Sec. 6622b.) 

290. Prescribed ballots— Method of the election. On the day named 
in said notice such polls shall be opened and the votes of the legal 
voters shall be taken upon the question of building such schoolhouse, 
and said election shall be governed by the general laws of the State, 
so far as they may be applicable except as otherwise provided herein. 
Said Trustees shall constitute the board of election commissioners and 
they shall cause to be prepared and distributed proper ballots. There 
shall be printed on the ballots two squares and words as follows: 



§291 Township Trustees. 90 

YES I For building the schoolhouse. 

For [Against] building the schoolhouse. 



NO 



Each voter desiring to vote for the building of such joint schoolhouse 
shall make a cross with a pencil in the square containing the word 
"yes," and each voter desiring to vote against the building of such 
joint schoolhouse shall make a cross in the square containing the word 
"no." Said Trustees shall appoint inspectors, judges and clerks for 
such elections. The votes cast at such elections shall be canvassed at 
the office of the Township Trustee on the day following said election 
at 10 o'clock a. m., and a certificate of the votes cast for and against 
the building of said schoolhouse shall be filed with said Trustees. If 
a majority of the votes cast at each of such elections are in favor of 
the building of such joint schoolhouse, said Trustees of said school 
corporations shall proceed to build the same, and the township ad- 
visory board shall make the proper appropriation for the proportionate 
part of the cost of said building to be paid by said township. Said Trus- 
tees shall provide a suitable site for said building. 

JOINT OWNERSHIP OF PROPERTY. 

(Acts 1913, p. 911, Sec. 6622d.) 

291. Joint ownership of j)roperty — Control and management. Any 

schoolhouse constructed under the provisions of this act shall be joint 
property of said corporations, and such property shall be owned by 
such corporations in proportion to the amount paid by each for the 
construction of the same, and said school shall be open to all pupils 
residing in said 'town or city or township free of tuition. The trus- 
tee of said school corporations shall have the control and management 
of said schoolhouse and school and the right to employ teachers in 
such school. Neither of said corporations shall ever be deprived of 
its ownership in said building except upon full compensation for its 
proportionate interest in the same, 

COST OF CONSTRUCTION — TAX LEVY — BONDS ISSUED. 

(Acts 1913, p. 911, Sec. 6622c.) 

292. How cost of erection shall be determined — Bonds — Levy. The 

cost of the construction of such joint schoolhouse shall be borne by such 
school corporation in proportion to the total amount of taxable proper- 
ty in each of such school corporations. If such school town or school 
city shall not have money available to pay for its proportionate part 
of the cost of the construction of said joint schoolhouse, the school 
Trustee of such town or such city may issue warrants or bonds of such 
corporation to meet such proportionate cost. If there are not suffi- 
cient funds available out of the annual township levy to meet the pro- 
portionate cost of said schoolhouse to be paid by such township, then 
the township advisory board of such township shall order bonds or war- 
rants to be issued, and the Township Trustee shall issue township war- 



91 Township Trustees. §293 

rants or bonds to meet such proportionate cost to be paid by such 
school township. Such bonds authorized by this act shall be payable 
in such amounts and at such times as the Trustees of said corpora- 
tions respectively may determine and shall bear such rate of interest 
as may be determined not exceeding four and one-half (4 J) per cent. 

TRUSTEE CAN NOT CHANGE OR VACATE HIGHWAY. 

(Acts 1859, p. 220, Sec. 9582.) 

293. The old law of 1852 repealed. Under the law of 1852 (R. S. 
1, p. 495), three Township Trustees were annually elected, together 
with a township treasurer and clerk. The Trustees were authorized 
to lay out, change and vacate highways when wholly within the town- 
ship. These were given the name of township roads. A new law was 
enacted in 1859, p. 220 which is still in force, providing for one Trus- 
tee only. Under the same act the authority was vested in the board 
of commissioners, alone, to lay out, change and vacate highways, taking 
that power from the Trustee. 

Note: For definition of "township road", see Section 77 92 
Burns' R. S., Section 328 this book. 

HIGHWAYS. 

(Acts 1905, p. 521, Sec. 7651-7652.) 

294. Trustee's notice to his supervisor. New highways, changes and 
\racations of highways, are made under the jurisdiction of the board 
of county commissioners only, by petition, view, review and order 
of such new highway, changes or vacation, and its order made of record 
by the board. 

It then becomes the duty of the auditor to give notice of the action 
of the board to the interested Township Trustee, giving a complete and 
accurate description by courses and distances of such new road, change 
and vacation, together with its width; who shall cause his road super- 
visor to be notified that a new road or change in road may be properly 
worked according to law. 

HIGHWAYS — BRIDGES — ROAD FUND. 

(Acts 1913, p. 609, Sec. 3823a.) 

295. Repairs or erection costing $100 or less — New law 1913. Un- 
der act of 1913, all bridges erected or repaired on public highways 
when the cost of erecting or repairing shall not exceed $100, shall be 
built by the Township Trustee and paid out of the township road fund. 

HIGHWAYS — CONVICT LABOR EMPLOYED. 

(Acts 1913, p. 233, Sec. 9852a-d.) 

296. 1913 law — Convict labor on highways. By the act 1913, the 
Boards of Trustees of the Indiana Reformatory and Indiana State 
Prison, were authorized to work any number of inmates upon the pub- 
lic roads of the State. 



§297 Township Trustees. 92 

Section three provides that boards of commissioners and Township 
Trustees have power to work the inmates upon the highways of the 
counties and township, and with the consent of the county council 
and advisory boards to enter into agreement with such state board for 
such purpose. Power is given the local authorities to purchase all 
material necessary to pen'orm such work on the highways, and to em- 
ploy expert superintendents of such work. 

HIGHWAYS — TOWNSHIPS — SUPERVISORS ELECTED — DUTIES. 

(Acts 1913, p. 862, Sec. 7760 to 7792.) 

297. 1913 law regulating number of road supervisors — When Trus- 
tee acts — New highway law— Sec. 1, 1913 Act as amended, Acts 1915, 
page 101. The qualified voters in each road district of the several 
townships of the several counties in the State shall, on the second 
Saturday after the first Monday in December, 1916, and every two 
(2) years thereafter, elect a supervisor who shall hold his office for 
the term of two ( 2 ) years and until his successor is elected and quali- 
fied. Road districts shall not be held to include any part or parts of 
cities or incorporated towns that may be in the township in which 
such road districts are located. The Township Trustee of each township 
shall on or before the first Monday in December, 1916, and every two 
(2) years thereafter, post up or cause to be posted, in at least two (2) 
public places in each road district of his township, written or printed 
notices of an election of supervisor of such road district, giving there- 
in the place, day and hour at which such election is to be held. The 
day and hour of such election shall be the same in each road district 
of the township. The place of such election shall, if practicable, be 
a schoolhouse, located in the road district. The Township Trustee shall 
act as inspector of the election, in the road district in or nearest to 
which he resides, and shall name from among the qualified voters 
present two clerks, who shall, if possible, not both be of the same 
political party. Such clerks, with the Trustee, shall form an election 
board to judge of the qualifications of voters, and shall collect or re- 
ceive and shall count the ballots cast. If one or more members of 
the election board, or one or more freeholders among the qualified 
voters present shall challenge any one offering to vote, and declare 
under oath that such an one is not entitled to vote, giving reasons for 
such declaration, then, after the one offering to vote and challenged as 
aforesaid shall have been given an opportunity to reply and to declare 
under oath his qualifications, if such one or more members of such 
election board or such one or more freeholders among the qualified 
voters present persist in their challenge and declarations, the one thus 
challenged shall not be allowed to vote unless a freeholder among the 
qualified voters present shall declare under oath that such challenged 
voter is entitled to vote in that road district at that election. For 
the election of supervisor in each, road district of his township, other 
than the one in or nearest to which he resides, the Trustee shall name 
an inspector of election, and such inspector shall name two clerks, of 
different political parties, if possible, from among the qualified voters 



93 Township Trustees. §297 

present. Such inspector shall be a freeholder in the road district in 
which the election is held. The inspector and the two clerks shall 
constitute an election board to judge, as heretofore provided, of the 
qualifications of voters, and to receive or collect and to count the 
ballots cast. Such inspector or trustee shall be authorized to admin- 
ister all necessary oaths in relation to such election. The inspector 
and clerks provided for in this act shall serve without pay, but the 
Township Trustee shall be entitled to his regular pay for one day for 
the day on which the notices aforesaid are posted up and for one day 
for the day on which he files reports of election of supervisors with 
the auditor of the county. The Trustee shall provide paper for ballots 
and for the clerks in their count of such ballots. The Trustee or in- 
spector shall be present promptly at the place and hour named in the 
notice of election, and if the said Trustee or inspector shall not appear 
within fifteen minutes after the time set, then the qualified voters pres- 
ent shall select a freeholder from their number as inspector. The 
polls shall be opened in the afternoon at the hour of two (2) o'clock, 
and shall continue open until five (5) o'clock in the afternoon, if all 
voters present have voted, or have been given an opportunity to 
vote, provided that the election board may close the polls sooner if all 
voters present have voted or have been given an opportunity to vote, 
and no vote has been cast for ten (10) minutes. Immediately upon 
the announcement that the polls are closed, the election board shall 
proceed to count the ballots, and during the count all voters shall be 
excluded from the room in which the count is made excepting only 
the election board and two Vv^atchers, who may be named, one by each 
of the clerks. The person receiving the highest number of votes cast 
shall be deemed to be elected. Only those ballots shall be counted 
which contain the name of but one (1) person, and mistakes in spell- 
ing or in initials shall not prevent the ballot from being counted where 
the intent of the voter is evident; all counted or uncounted ballots 
shall be preserved under the seal of the Trustee until June following 
the day of election. Ballots may be either written or printed. When 
the count is completed the Trustee or inspector shall at once announce 
the result and the Trustee shall issue a certificate to the person so 
elected. The inspector of each district other than that of which the 
Township Trustee is inspector shall file with such Trustee the report of 
election in his district, together with all papers and ballots. The Trus- 
tee shall within three (3) days file with the auditor of such county a 
report of all elections of supervisors held in such Trustee's township, 
which report shall be certified to, in the case of each road district, by 
the members of the election board in such district. Each supervisor 
shall at the time of his election or appointment be a qualified voter of 
the road district for which he is elected or appointed. In all townships 
in this State in which the township roads do not exceed ten (10) miles 
in length, the Township Trustee shall be ex-officio road supervisor, and 
in no case shall there be to exceed four (4) supervisors in any one 
township in this State. Such supervisor shall take an oath, before en- 
tering upon the discharge of his duties, for the faithful performance 
thereof, and give a bond with surety to be approved by the Township 



§297a Township Tkustees. 94 

Trustee, and conditioned for tlie faithful discharge of his duties, in the 
sum of not less than two hundred ($200.00) dollars, which bond shall 
be deposited with the Township Trustee: Provided, That if any person 
elected supervisor shall be unable to give such bond, such inability shall 
be a defense to the collection of the forfeiture herein provided for, and 
the Township Trustee shall appoint some one else as supervisor who 
shall serve until his successor is elected and qualified. Each road super- 
visor shall receive for his services actually performed the sum of twen- 
ty-five cents (2 5c) per hour for not to exceed fifty (50) days except 
that in the event of the election of but one (1) supervisor for his town- 
ship, the Township Trustee may extend the time said supervisor shall 
work to not more than 120 days in any one year to be paid out of the 
township treasury. Before receiving such pay he shall file a sworn 
statement with the Trustee of the township, which statement shall 
specify the days and roads upon which such services were performed. 
Upon failure or neglect to carry out or perform such duties as are 
imposed upon him, any supervisor shall be liable upon the bond here- 
inbefore provided for, or he may be removed from office by the Town- 
ship Trustee. The Township Trustee shall fill all vacancies for the un- 
expired term, and shall notify such appointee of his appointment with- 
in three (3) days thereof. Such supervisors shall have charge of and 
work and keep in good repair the roads of their respective districts. 
They shall be subject to the control and direction of the township 
trustee, who shall see that their duties be faithfully performed, and 
who shall see that the roads of the townships are dragged whenever 
the weather conditions make such work advisable. He shall also call 
out all persons in such district liable to work on highways therein, 
superintend the labor thereon, see that the same is faithfully performed 
and report to the trustee all fines and commutation moneys due such 
district and the same shall be collected by such Trustee, and whenever 
such Trustee shall deem it necessary he may make any change in the 
road districts that may subserve the public interest. On dividing his 
township into road districts, or where any change is made therein, such 
Trustee shall record a plat thereof in the highway record of his town- 
ship, which shall show the roads and parts of roads belonging to each 
road district. 

Note: The material changes from the 1913 law, which is 
in effect until the second Saturday after the first Monday in 
December, 1916, are: the limited number of days which the 
supervisor shall work is changed from sixty to fifty days, and 
the date for election of supervisor is changed from the gen- 
eral election in November to the second Saturday after the 
first Monday in December, biennially. 

297a. WEED-CUTTING ON HIGHWAYS. 

(Acts 1915, p. 622, repealing Sec. 7807-7809.) 

Landowners, through or along whose lands highways run, are 
required to cut down and destroy briars, burrs, docks, willows, sumac, 
reeds, cattails, tall grass, shrubs and all other growths which obstruct 
the view of such highways along, through, or contiguous to the lands 



95 Township Trustees. §298 

of sucli owners. Such work must be done between June 15th and 
September 1st of each year, and under the direction of the road super- 
visor. The landowner is allowed $1.50 per day of eight hours for such 
work, and a proportionate sum for each fraction thereof, for the time 
necessarily employed thereat, to be credited upon his road taxes as 
other road work is credited. 

The above provision applies to "township roads" only, and does 
not apply to free gravel or macadam highways, which are under the 
supervision of the county highway superintendent. 

The act of 1915 repeals the old weed statutes, being sections 7 807, 
7808 and 7809 Burns' 1914. 

The supervisor may upon complaint by any interested person, or 
upon his own motion, investigate to determine whether any landowner 
in his road district has complied with the requirements of the law. If 
any landowner fails to cut and destroy such growths within the time 
named, the supervisor shall have the work done. In that event, the 
supervisor shall prepare, sign and certify to the county auditor a state- 
ment of the total cost of the work, including the cost of the labor and 
of the investigation, figured at $1,50 per day, to be charged against 
the owner's land as a special weed tax and to be collected at the same 
time and manner as road taxes. 

Any person who violates this law is liable to a fine of not less than 
$5.00 nor more than $10.00 for each separate offense. 

Note: The road supervisor should issue receipts to the 
landov/ner for the work done, to be credited upon the owner's 
road taxes. 

(Section 7761.) 

298. Road tax — Call by supervisor — Who may be called. Any such 
supervisor shall call out all able-bodied male persons, except insane, 
idiotic, deaf and dumb, and blind persons within his jurisdiction and 
who are over the age of twenty-one (21) years, and under fifty (50) 
years of age, and not exempt from such labor, during not less than 
two nor more than four days of each year between the first day of 
April and the first day of December of each year. The supervisor shall 
require such persons to work on the highways of such district eight 
hours each day, and to furnish in such labor any tool that the super- 
visor may direct, if the demand therefor be a reasonable one. Any per- 
son able to perform an ordinary day's labor shall be deemed able- 
bodied, within the meaning of this act, although the person may be in 
some respects disabled: Provided, That no person who served in the 
army or navy of the United States during the war of the Union or the 
war with Spain or in the Philippine Islands, and who was honorably 
discharged therefrom, shall be required to labor on the public high- 
ways. 

(Section 7762.) 

299. OA\Tiers of teams — -Credit for double time. Such supervisor 
may require any person liable to work on such highways who is the 
owner of an ox, mule, or horse-team, road scraper, road scoop, cart 
or wagon to furnish the same, and a driver, in such labor on such high- 
ways, and such person shall receive credit for two days' labor for each 



§300 Township Trustees. 96 

day's service by such driver and team, and shall be given a receipt 
by such supervisor accordingly. 

(Section 7763.) 

300. Penalty — Supervisor issuing false receipt. Any road super- 
visor who shall issue and deliver to any person his receipt, giving credit 
for work done on highways in his district, when such person to whom, 
or for whom such receipt is issued, has not actually worked or caused 
work to be done for the full time tha.t such receipt gives credit for at 
the rate of eight (8) hours for one day's work or has not paid the 
commutation money as provided by law, shall be deemed guilty of a 
misdemeanor, and, on conviction, shall be fined not less than ten dol- 
lars ($10.00) nor more than fifty dollars ($50.0 0) for every such re- 
ceipt so issued. 

(Section 7764.) 

301. Who may be exempt from road work. On application to the 
Township Trustee any person liable to work on the highways may be 
exempt therefrom, if it be shown that he is unable from bodily infirmi- 
ties to work thereon and that he is too poor to pay the commutation 
therefor; also any person who is a bona fide member of a legally or- 
ganized fire company, located in any city or town in this State. And in 
such cases the Township Trustee shall execute to such person a cer- 
tificate wliich shall, on being presented to the supervisor, entitle him 
to such exemption. 

(Section 7765.) 

302. Cash payment — $1.50 per day — Exemption. Any person lia- 
ble to work on the highways may be exempt therefrom by paying to 
the supervisor of his road district one dollar and fifty cents ($1.50) 
for each day he is liable to work thereon, and in that case he shall 
receive a receipt therefor from the supervisor. Such supervisor shall 
be authorized to employ some person or persons to work out such 
money, at the rate of one dollar and fifty cents ($1.50) per day, on the 
roads of his district; or failing to do so, he shall pay over all such 
money into the township treasury, for the benefit of the road district. 

(Section 7766.) 

303. Failure to pay or work — Suit. Every supervisor, within ten 
days after warning out the hands liable to work in his district, shall 
notify the Trustee who shall bring suit before any justice of the peace 
of the township in which such district is situated, and in the name of 
such township, against such persons as fail to work or pay over the 
commutation money therefor; and in such suit it shall be necessary to 
file only an account stating the number of days which each of such 
persons so failed to work or pay for, and charging one dollar and fifty 
cents ($1.50) per day each therefor; and in case of a recovery against 
any such defendant, the Judgment shall be rendered for one dollar and 
fifty cents ($1.5 0) for every day the defendant so failed, and costs of 
suit, and no stay of execution or benefit of exemption, valuation or ap- 
praisement laws shall be allowed on such judgment. In case any such 
Trustee shall fail to bring suit, after having been so notified by such 



97 Township Tkustees. §304 

supervisor, he shall forfeit and pay the sum of ten ($10.00) dollars, to 
be recovered in an action brought by the prosecuting attorney, before 
any justice of the peace of the township, in the' name thereof; and all 
the money so recovered under the provisions of this section shall be 
received and expended under the direction of the Township Trustee by 
the proper supervisor in the improvement of the highways of his dis- 
trict: Provided, That any such Trustee shall not be required to bring 
suit against any person from whom there is no probability of collect- 
ing, or who, at the time of working, shall be sick or otherwise unable 
to labor. If such person so temporarily sick or disabled be liable to 
pay commutation, he shall so pay, or the Trustee shall sue therefor 
within sixty days. No person able to pay commutation shall be ex- 
empt on account of bodily disability. 

(Section 7767.) 

304. Eight hours constitutes a day's work — Penalty. Any person 
liable to perform labor on the public highways, when notified for such 
purpose, may appear in person or by an able-bodied substitute, and the 
person or substitute so appearing shall actually work eight hours each 
day, under penalties of twenty-five cents for every hour such person or 
substitute shall be in default, to be deducted by the supervisor from 
the price of the day's labor. 

(Section 7768.) 

305. Faithful performance of labor. If any such person or his sub- 
stitute, after appearing shall remain idle or not work faithfully, or 
shall hinder others from working, such offender shall for every such 
offense, forfeit the sum of one dollar and fifty cents, to be collected 
from such person as other fines and forfeitures herein specified, and 
such person or his substitute shall be discharged by the supervisor 
without credit for any part of the work he may have done. 

(Section 7769.) 

306. Employment of additional labor. Such supervisor, within ten 
days after the receipt of any money which he is not required to pay 
over to the Township Trustee, shall proceed to employ laborers to re- 
pair the highways in his district, but shall not pay more to such la- 
borers than is customary in his district for similar services, and such 
supervisor shall superintend such repairs; but in no case shall such 
supervisor neglect to repair such highways, and if such labor shall be 
insufficient therefor, he shall call out the hands in his district to com- 
plete such repairing. If any person so called out shall refuse to work, 
he shall be liable to pay the commutation money therefor, and it shall 
be the duty of the Trustee to bring suit for the same as provided in sec- 
tion seven (7) of this act. See section 303, this book. 

(Section 7770.) 

307. Credit on subsequent labor. When such extra labor pro\'ided 
for in the next preceding section shall not require all the hands in the 
district, or an equal amount of labor from each, the supervisor may 

7—4843 



§308 Township Trustees. 98 

assess the same upon such hands as he may deem sufficient, and for the 
excess of work performed by any one over the average amount per- 
formed by all he shall give to each person performing such excess a 
certificate of the amount thereof, which shall be credited to the holder 
on account of any subsequent labor to be done by him on the high- 
ways in his district. 

(Section 7771.) 

308. Material confiscated — Damages — -How assessed and paid. The 
supervisor, or any other person by his order, may enter upon any land 
adjoining or near to any highway in his district, and thereupon con- 
struct such ditches, drains and dams, and dig and remove such gravel, 
earth, sand or stone, or cut and remove such wood or trees as may be 
necessary for the proper construction, repair or preservation of such 
highways; and the supervisor, together with two disinterested persons, 
shall proceed at once to the locality and assess such damages in favor of 
the owner of the lands thereof, as in their judgment seems right and 
proper, and report the same under oath, Avithin ten days after such 
assessment, to the Trustee, having first given notice thereof to the 
party damaged and such Trustee shall pay the damages assessed out 
of the township treasury. The oath to such appraisers may be admin- 
istered by the supervisor, and the oath to the supervisor may be ad- 
ministered by the Trustee. No person's land shall be entered when ma- 
terial can be found on the roadway, or convenient in the district on 
the roadways thereof, nor when drainage can be made on the roadway, 
at a cost not exceeding the cost and damages of entering upon private 
lands. In all cases contemplated in this section, demand shall first 
be made of the owner of the land before entering thereon or taking 
material. If he assent, he may point out the material and the location 
from which it is to be taken, and if accessible and fit for the purpose 
intended, the material shall be there taken. If consent be refused by 
the owner, the supervisor shall notify such owner of his intention to 
so enter, for what purpose and for w^hat time, and point out the land 
to be occupied or the material to be taken. In all assessments of 
damages the owner shall be notified and have leave to select one ap- 
praiser, and shall have notice of the time and place of the meeting of 
the appraisers, and privilege to offer evidence as to damages at the 
time of the assessment by the appraisers: Provided, also, That any 
person aggrieved may appeal from the action of the appraisers to any 
justice of the peace of the township, by giving notice in writing to 
the road supervisor. Such notice must be given within ten (10) days 
after final action by the appraisers, and such person shall give bond 
within thirty days after final action by the appraisers. Such bond 
shall be payable to the Trustee, and shall be filed with and approved 
by the appraisers, and thereupon the papers shall be delivered to the 
justice of the peace; and such appeal shall be determined as other 
questions are determined in civil cases before justice of the peace. 

(Section 7772.) 

309. Abutting landowner to remove obstructions to highways. 

When a public highway, running through or bordering upon a tract 



99 Township Trustees. §310 

'of real estate, shall become obstructed, the owner or occupant of such 
land shall remove such obstruction as soon as the same shall come to 
his knowledge, for which the proper supervisor shall allow him a 
reasonable credit on his liability to work on the highways, unless the 
obstruction be caused by the act of such owner or occupant, in which 
case he will be required to remove the same without any credit. 

(Section 7773.) 

310. Opening new highway — 0\^Tiership and removal of timber — 
Supervisors. All trees standing or lying on the land over which any 
highway shall be laid out, which it shall be necessary to remove in the 
opening of such highway, shall belong to the owner of such land if he 
shall remove the same before the supervisor is required to open such 
highway; but all such trees and down timber, or other material found 
on such premises, may be taken and used by the proper supervisor for 
the construction or repair of the highway or of any bridge thereon. 

(Section 7774.) 

311. Bridges and culverts — Erection and repair — When by town- 
ship. If the Township Trustee of the township where any proposed 
bridge or culvert is to be located or repaired shall notify the board of 
commissioners of his county of the necessity of such location or repair, 
and if in the opinion of the commissioners the public convenience shall 
require the building or repairing thereof, they shall cause surveys and 
estimates to be made and provide for the erection of the same: Pro- 
vided, That if the board of commissioners shall not deem such bridge 
or culvert of sufficient importance to justify an appropriation from 
the county treasury for the building or repair thereof, the Trustee of 
the township in which is located such bridge or culvert may appro- 
priate any part of the road fund in the township treasury for that 
purpose, if he shall deem it right and expedient to do so. 

311a. BRIDGES OVER DRAINS — DRAINAGE DISTRICTS. 

(Acts 1915, p. 245.) 

Sec. 34 of the Ballon Drainage Act of 1915, provides that the proper 
county, township or other corporation, shall build or enlarge, where nec- 
essary, bridges over the drains to be constructed under the drainage act, 
upon the order of the board of supervisors of the drainage district. The 
act provides that the secretary of the board of supervisors shall give 
notice to the proper county or township by delivering to the auditor 
or Trustee of such county or township the order of the board of super- 
visors of the drainage district declaring the necessity for the con- 
struction or enlargement of such bridge. Such bridge must be con- 
structed within 10 days after the drainage ditch shall be completed 
across the public highway. 

Note: The question as to the validity of the provision that 
the drainage district officers may compel counties or town- 
ships to build or reconstruct bridges will no doubt be deter- 
mined by the courts.— The Editor, 



§31 lb Township Trustees. 100 

311b. BENEFITS TO HIGHWAYS. 

(Acts 1915, p. 266.) 

Section 61 of the Ballou Drainage Act provides that benefits to any 
highway arising from the construction of a ditch, under the above 
named act, shall be assessed against the proper township, which shall 
be paid by the trustee out of the township fund. 

(Section 7775.) 

312. Preference given to rural mail routes — Emergency fund — 
Penalty. Sec. 16. That in addition to the duties now conferred on 
them by law in respect to the care of highways, it shall be the duty 
of the board of commissioners, Township Trustees, road superintendents 
and road supervisors to keep in repair and in passable condition all 
highways in their respective districts or jurisdictions along or on which 
United States rural free delivery mail routes have been or may here- 
after be established and maintained, -and the Township Trustees shall 
set aside at least five per cent, of the amount of road fund received 
by them each year as an emergency fund to be used in carrying out 
the provisions of this act. It shall be the duty of the above named 
ofllcers in performing their duties in respect to highways to give pref- 
erence to the highways along or over which such rural mail routes 
have been or may hereafter be established and maintained. It shall 
be the duty of such ofiicers to see that such highways are properly 
drained, are kept free of all obstructions, including snow drifts, and 
are at all times in condition to be safe and readily passable to ordinary 
travel. It shall be the duty of said ofiicers, and each of them, upon 
receiving notice of the defective or impassable condition of any of 
the highways so used by mail routes above defined at once repair, or 
cause to be repaired, the said highway cr highways. In making such 
repairs the board may repair bridges or culverts wherever necessary 
for the purposes of this act, regardless of the fact that there may be 
no appropriation therefor, and pay for the same out of any moneys 
in the county treasury not otherwise apprriated [appropriated]. If any 
member of any board of commissioners, any Township Trustee, road 
supervisor or superintendent shall fail to repair any such highway 
within his jurisdiction, or to cause the same to be done, for a period 
of five days after receiving notice of the defective condition thereof, 
he shall be deemed guilty of a misdemeanor, and upon conviction there- 
of shall be fined not over two dollars ($2.00) for each day he shall 
have so failed after receiving such notice. 

(Section 7776.) 

313. Expenditure of emergency fund — Five per cent. fund. The 

Township Trustee shall order the expenditure of the funds derived from 
the tax provided for in the last section in the improvement of the high- 
ways of his township under such regulations as he may deem expedient 
for the public interest, and for this purpose shall pay such sums as 
may be necessary, on the order of the supervisors of the township, for 
work done by them under his direction. Such order or orders drawn 



101 Township Trustees. §314 

upon the Trustee shall distinctly state the services performed by the 
person or persons to whom the order is given. 

(Section 7777.) 
314. Road tax^ — Levy — ^Work limited to $20 — Balance cash — Road 
tax list — ^Duty of auditor. The township advisory board, on an esti- 
mate made by the Township Trustee, shall levy annually on or before 
the first Tuesday in June a road tax of not more than thirty cents on 
one hundred dollars ($100) to be levied according to the amount of 
real and personal property owned in such township, outside of the cor- 
porate cities and towns subject to taxation for road purposes, to be 
collected as other taxes are collected, except all road taxes are to be 
collected with the first yearly installment of taxes: Provided, That 
any person or corporation owing taxes so assessed on real estate shall 
be permitted to work out the same up to the amount of twenty dollars 
($20.00) as nearly as practicable in the road district in which such 
real estate lies, and on taxes so assessed on personal property the per- 
son owing the same shall be permitted to work out the same up to the 
amount of twenty dollars ($20.00) in the district where the owner 
resides. Said tax to be worked out at the rate of one dollar and fifty 
cents ($1.50) per day for each man. That the Township Trustee may, 
with the consent of the township advisory board, levy an additional 
tax, not to exceed ten cents on one hundred dollars valuation, to be 
paid into the county treasury, with the first installment of taxes and 
to be paid by the treasurer to the Township Trustee, to be expended 
for the construction and repair of bridges and culverts and for other 
road purposes. All taxes so assessed on real estate or personal prop- 
erty if not worked out under the provisions of this section shall 
be paid into the county treasury in cash, as other taxes are paid and 
shall be paid by the county treasurer to the Township Trustee, to be 
expended for the construction and repair of roads and bridges within 
his jurisdiction. It shall be the duty of the county auditor to procure 
and deliver each year, on or before the 10th of September to the proper 
Township Trustee, a list of all road taxes assessed on each individual in 
his township, and the receipt of the supervisor of the proper district 
for the amount worked out by any tax payer, if not in excess of twenty 
dollars ($20.00) shall be taken by the treasurer of the county in pay- 
ment of so much of said taxes, if presented during the year in which 
the labor has been performed or the year following upon the perform- 
ance of said labor. No supervisor shall issue receipt for work per- 
formed by himself, except for his own road tax but in no case in 
excess of twenty dollars ($20.00) and no county treasurer shall re- 
ceive the certificate of any supervisor except in payment of taxes on 
which the work shall be performed:, Provided, further. That the road 
tax assessed on real estate and personal property shall be worked out 
on or before the first day of December of the year for which the levy 
was made. All credits allowed by county treasurers for road taxes 
worked out, upon settlement with the Township Trustee, to be properly 
distributed and charged, and road supervisors are required to make 
out and deliver to the Township Trustee on or before the first day of 



§3 14a Township Trustees. 102 

December of each year, a statement containing a true list of persons, 
of their respective road districts having worked out their road tax, or 
any part thereof, during the year, together with the amount worked 
out by each person. And such supervisors shall likewise file with the 
Township Trustee, the receipts of all persons who are entitled to credit 
for road taxes worked out. And the Township Trustee shall, on or be- 
fore the last day of December of each and every year, file with the 
county treasurer of the proper county all the receipts for road work 
that the proper persons may be given credit therefor on the tax dupli- 
cate. When demanded by the party working out road tax, the super- 
visor shall issue to him a road tax receipt which shall be marked 
duplicate: Provided, That the provisions of this section relative to 
paying all road taxes in excess of twenty dollars ($20.00) in cash shall 
be construed to apply to the current year and shall be in full force and 
effect from and after the first day of April, 1913, 

(Acts 1911, p. 65, Sec. 7778.) 
314a. Redemption of road tax receipts. That whenever any road 
receipt for work done in lieu of taxes shall not have been presented 
for payment the year the work was done, or at the collection of the 
first installment of taxes of the year following, or before the regular 
settlement of the county treasurer with the Township Trustees, when 
all road funds remaining in the hands of such treasurer are paid over 
to the said Trustees, then upon presentation of such road tax receipt, 
or receipts, by the owner of the land for which said road tax was 
worked out, and for which said receipt was given to the Trustee of the 
township from which the same was issued and wherein such work was 
done, such Township Trustee shall upon the presenting of such road 
receipts to him, by the said holder of the same, take up, redeem, and 
pay such road receipts out of any funds available in his hands. 

(Section 7779.) 

315. Supervisor's dutj to give notice to hands. The supervisor 
shall notify each person in his jurisdiction liable to work on the high- 
ways thereof of the time and place of working, either by verbal or 
written notice, and if such person shall fail or refuse to respond such 
supervisor shall issue a second written notice to such person, at least 
three (3) days prior to the time designated for such work and if upon 
the receipt of such second notice such person shall fail or refuse to 
respond he shall thereby forfeit all right to work out such road tax and 
shall be required to pay all his road tax in cash: Provided, That such 
supervisor shall, as nearly as practicable, warn out all persons liable to 
work out their land tax on any certain road of his district, at the same 
time, to the end that he may act as the superintendent or overseer of 
such work and may have enough men working to justify an overseer 
of such work, 

(Section 7780.) 

316. When work may be let to loAvest bidder. Such Trustee may 
let out the work contemplated in section 315, this book to the low- 
est responsible bidder, and for this purpose he may cause notices 



103 Township Trustees. §317 

to be posted up in three of the most public places in the township, 
that proposals will be received under such regulations as he may pre- 
scribe, at a time and place to be by him designated, for the improve- 
ment or repair of all the highways and bridges, or any part thereof, 
in such township; and in all such cases such Trustee shall adopt such 
regulations as to the extent of the improvements or repairs, term of 
payments, superintendence of the work, and the time of commence- 
ment and completion thereof, as he may deem proper. Payments on 
such contracts, according to the terms thereof, shall be made by the 
Trustee out of the road or bridge funds in his hands. 

(Section 7781.) 

317. Penalty for injui'y to drains or obstructions to highways. Any 

person who shall injure any dam, drain, embankment, ditch or other 
construction made for the protection of any highway or bridge, or who 
shall wilfully destroy any guide post, or deface any description or de- 
vice thereon, or who shall unnecessarily, and to the hindrance of pas- 
sengers, obstruct any highway or bridge, and who shall, when driving 
any vehicle, fail to pass to the right when meeting another vehicle, so 
as to allow it to pass without injury, for every such offense, shall for- 
feit the sum of five dollars, to be recovered by the Trustee in the name 
of the township before a justice of the peace of the county; and for 
very day such obstruction is continued the same sum shall be recov- 
ered. In all cases such Trustee, within three days after receiving in- 
formation of any such offense, shall commence such suit, and the sum 
recovered thereon shall be used for the benefit of the highways of such 
township. In case of a recovery in any such action the justice of the 
peace shall tax, as costs, the sum of five dollars as attorney's fees for 
plaintiff's attorney. 

(Section 7782.) 

318. Duty of Trustee as to i>rosecution of suits — Supervisors. All 
such suits commenced by one Trustee may be prosecuted by his succes- 
sor in office and no costs shall be taxed against him therein. Any super- 
visor M^ho shall fail to use due diligence in keeping the highways of 
his district in good repair, under the regulations herein prescribed, or 
who shall fail to call out the hands of his district to work on the high- 
ways thereof the number of days herein prescribed, unless the tax 
assessed for such repair of such highway is sufficient, shall for every 
such offense, forfeit the sum of ten dollars ($10.00), to be recovered 
before any justice of the peace of the county, in the name of the town- 
ship, by the Trustee of such township; and all sums so recovered shall 
be for the benefit of the district for which such supervisor was elected 
or appointed, and such Trustee shall bring suit within three (3) days 
after receiving information of any such failure of duty by such super- 
visor. 

(Section 7783.) 

319. Supervisor to turn his records to successor. Every supervisor 
shall hand over all books, papers and moneys, as well as all tools in his 
possession, to his successor in office when called for. Township Trus- 
tee shall procure, with available road fund in his hands, such tools 
and implements as may be necessary for road districts. 



§320 Township Trustees. 104 

(Section 7784.) 

320. Trustee to determine improvements to be made. In determin- 
ing upon the amount and character of work which shall first be done 
on any highway, or part thereof, the Township Trustee shall take into 
consideration the importance of the highway to the traveling public, 
and its convenience to gravel, stone or other material to be used in its 
construction. Whenever the citizens interested in the permanent im- 
provment of any highway of public importance, shall, by donation, 
properly ditch, drain, gravel, embank or otherwise improve any such 
highway, such Trustee may contribute and perform work thereon equal 
in value to such donation, if he have the means in his hands to do 
so: Provided, moreover. That every Township Trustee shall set aside 
not less than five per cent, of the road funds received by him each year 
as an emergency fund, to be used in keeping in repair all highways 
in his township along or on which United States rural free delivery 
mail routes have been or may hereafter be established and main- 
tained; and it shall be the duty of every such Trustee, and of 
every road supervisor, to give the preference to such highways in 
keeping the same in repair. SucL highways shall be kept properly 
drained and free from all obstructions, including snowdrifts, so as to 
be at all times in good condition for ordinary travel. 

(Section 7785.) 

321. Trustee may administer necessary oaths. Each Township Trus- 
tee is empowered to administer oath in all cases touching the prose- 
cution of the business of the township of which he is Trustee. 

(Section 7786.) 

322. All road moneys, to be used for road purposes. All road 
money on hand or that may hereafter be paid to the county treasurer 
under the provisions of this or of any previous act, shall be paid to 
the proper Township Trustee and be expended by him as other road 
funds are required by this act. 

(Section 7787.) 

323. Annual report of supervisor to Trustee. Each supervisor of 
each road district shall, on or before the first day of December in each 
year, make a full and succinct report, under oath, of his proceedings, 
showing the names of all persons liable to perform, or who have per- 
formed, labor on the roads in his district; the amount of commutation 
money received from any and all sources whatever and how the same 
has been expended; and shall pay such balance to and file such report 
with the Trustee of his township on that day. 

(Section 7788.) 

324. Duty of Trustee to audit supervisor's report. Such Township 
Trustee shall audit the reports referred to in the last section and en- 
force the payment of any such balance and compel such report by 
suit ■ 



105 Township'JTeustees. §325 

(Section 7789.) 

325. Makes inventory of, and responsible for tools. Every road 
supervisor shall be responsible for the care and safe-keeping of all the 
tools belonging to his road district and on going out of office shall 
report the number and kind of tools in his hands to the Trustee of his 
township under oath; and such Trustee shall charge each supervisor, 
on coming into office, with the whole amount of tools in his district, 
as shown by the statement of his predecessor in office. Such super- 
visor shall be liable for any loss of, or damage to the tools belonging 
to his road district, occasioned by his neglect, to be recovered in the 
name of his township, upon complaint of the Trustee of such township 
before any justice of the peace therein. 

(Section 7790.) 

326. How district boundary lines are to be worked. All roads run- 
ning on township, county or road district lines are assigned for con- 
struction and repairs as follows: On roads running north and south, 
the north half is assigned to the township or townships and district or 
districts on the west side of such line, and the south half is assigned 
to the township or townships and district or districts on the east side 
of such lines; and on roads running east and west, the west half is 
assigned to the township or townships and districts on the south side 
of such line, and the east half of the township or townships and dis- 
trict or districts on the north side of such line, and the highways so 
assigned shall be under the control of and be kept in order by the 
Township Trustee of the township to which they are assigned. All roads 
running on lines dividing this State from other States shall be worked 
in conjunction with such other State and shall be assigned for construc- 
tion and repairs in the same manner as above provided in cases where 
roads run on township or county lines, as far as applicable. 

(Section 7791.) 

327. Penalties for knowingly receiving inferior work. Any Town- 
ship Trustee or road supervisor who shall violate any provision of this 
act, or who shall accept any work knowing that the same is defective 
according to contract, or who shall give any receipt except for work 
actually done or material furnished shall be subject to a penalty of 
not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), 
to be collected in a civil action and he shall be liable on his bond for 
any loss which the township may suffer from violation of this act. 

(Section 7792.) 

328. Definition of township road. The word township road as used 
in this act shall be construed to mean any road in any township in this 
State, the cost of maintenance and repair of which is paid wholly out 
of the proper township treasury and the oversight and superintendence 
of which is vested in the proper Township Trustee. 

(Acts 1913, p. 877.) 

329. 1913 Road law repeals all conflicting laws. All acts and parts 
of acts in conflict with the highway act of 1913 were repealed by that 
act. 



§330 Township Trustees. 106 

HIGHWAYS. 

(Acts 1913, p. 411, Sees. 7759d and 7759h.) 

330. Condeiiination proceedings for gravel pits — Counties 90,000 to 
150,000. The act 1913, authorizes boards of commissioners of coun- 
ties with population 90,000 to 150,000 last preceding census, when 
adjudged necessary to the interests of its free gravel roads or turn- 
pikes, to require an entry upon any lands, stream, lake or river to 
procure gravel, sand, stone, timber or other material for such roads. 

This is sought through condemnation proceedings in civil action in 
the circuit or superior court. 

The act also provides for sale of road material to townships. 

Section five of the act reads as follows: 

The board of commissioners of any such county may sell any of said 
road material to any of the townships of said county for highway pur- 
poses upon receipt from the Township Trustees of said townships of a 
sum not less than the actual cost to the county of the furnishing of 
said road material. In the event said county should sell any of said 
road material to a township, the Trustee of said township shall pay to 
the auditor of such county the price agreed upon and thereupon said 
money shall be paid to the treasurer of said county by said auditor, 
and that said auditor shall take a receipt therefor from the treasurer 
and said receipt shall be filed in the auditor's office of said county and 
be made a part of the records thereof. 

BRIDGES. 

(Acts 1885, p. 58, Sec. 3795.) 

331. 1885 Act — Election — Non-liability of township for certain 
claims. Under the act 18 85, where a township has by 60 per cent, of 
the voters at an election decided to make an appropriation to aid in 
the construction of a bridge over a boundary stream; it is provided 
that such township shall not be liable for any debt or claim for work, 
labor or materials furnished in its construction or its repair; nor for 
any personal damages to any one by reason of imperfect construction 
or the same getting out of repair. 

(Acts 1913, p. 609, Sec. 3823a.) 

332. 1913 Act — Bridges, erection or repairs, $100 or less — Town- 
ship road fund. Under the act 1913, it is provided that hereafter all 
bridges erected or repaired on public highways, when the* cost of 
erecting or repairing shall not exceed $100, shall be built by the Town- 
ship Trustee and paid for out of the township road fund. 

Section 2, repeals all laws or parts of laws conflicting with the act. 

DITCH — ASSESSMENTS. 
(Acts 1907, p. 508, Sec. 6150.) 

333. Ditch assessments paid from township fund. Assessments 
made against a township as benefits in the construction of a public 
ditch shall be paid from the township fund. 



107 Township Trustees. §334a 

DRAINAGE — TOWNSHIP ACT OF 1915. 

(Acts 1915, p. 320.) 

334a. Supervision Township Trustee. The cleaning, repair and gen- 
eral superintendence of all ditches or drains that may have been, or 
may hereafter be, constructed under and by virtue of any law of this 
State, except dredged ditches, shall be under the exclusive charge 
and supervision of the Township Trustee of the township in which 
such ditches or drains or any part or parts thereof are located, and 
it shall be the duty of such Township Trustee to see that all such 
ditches or drains, or such part or parts thereof as lie within his juris- 
diction are cleaned out and kept open and in proper repair and free 
from obstructions, in conformity with the original specifications there- 
of, and in such manner that they may fully and completely discharge 
the functions for which they were designed and intended, and such 
Trustee shall likewise have and exercise general supervision over such 
ditches or drains when the work of cleaning and repairing shall have 
been completed and accepted, and to make and supervise the levy and 
expenditure of such assessments as may be needful to keep such 
ditches or drains in a reasonable state of preservation and repair. 

Note; This law does not apply to ditches or drains which 
have been or may be constructed by drainage corporations. 

The cleaning and repairing of any public drain (except 
dredged ditches) should be done by virtue of this law under 
the supervision of the Trustee, unless the requisite number 
of landowners interested in any such drain shall file a peti- 
tion with the county auditor to have the work done under 
the county drainage act, and the board of commissioners shall 
grant such petition, whereupon the work of cleaning and re- 
pairing such drain shall be done under the supervision of the 
board of county commissioners, and such drain shall there- 
after continue to be under the jurisdiction of the board. Sec- 
tion 35, Acts 1915, p. 417, at p. 453. 

334b. Duty to clean and repair. It shall be the duty of the Town- 
ship Trustee of each and every township of this State, in which any 
such open ditch or drain, or any part or parts thereof, are located, to 
clean out, and repair, and remove all obstructions therefrom, biennial- 
ly. Except as otherwise provided in this act, no Township Trustee of 
any township in this State shall be authorized or required to clean out 
or repair any open ditch or drain or any part or parts thereof within 
his jurisdiction until at least one (1) year shall have elapsed since 
its construction, if newly constructed, or until one (1) full year shall 
have elapsed since it was last cleaned out or repaired under the pro- 
visions of any former law. And in order to equitably distribute the 
work of cleaning or repairing any such open drains or ditches over 
such biennial periods as are herein provided for, it is hereby declared 
to be the intent and purpose of this act that all open ditches and 
drains situated within any township in this State shall be divided into 
two (2) groups, on the basis of the necessity or urgency for such 
cleaning or repair, or the time which has elapsed since such drains 
or ditches were last cleaned out, repaired, or constructed. All such 
open drains or ditches which are comprised in the first group shall 



§334c Township Trustees. 108 

be cleaned out and repaired in 1915 and every two (2) years there- 
after, and all such open ditches or drains comprised in the second 
group shall be cleaned out and repaired in 1916 and every two (2) 
years thereafter, and so on, yearly, group alternating with group. 
Such groups need not comprise an equal number of such open drains 
or ditches, and the classification or grouping of such open drains or 
ditches shall be made by the Township Trustee of the township wherein 
such open drains or ditches are located, in conformity with the pro- 
visions of this section, avoiding in all such groupings or classifications, 
unreasonable, arbitrary, or invidious discriminations. 

334c. Employment of surveyor. The Township Trustee of any town- 
ship in this State, in order to more accurately ascertain the depth and 
width of such open ditch or drain according to the original specifica- 
tions and grade line thereof, and to divide such work into stations 
not exceeding one hundred (100) feet in length, and to compute and 
determine the number of cubic yards of earth which it will be nec- 
essary to remove from each one hundred (100) feet of such ditch or 
drain, and to determine the labor necessary to repair such open ditch 
or drain in such manner that it will conform to the original specifica- 
tions thereof, and to establish the necessary grade stakes, and to 
perform any and all other engineering work of any kind or char- 
acter whatsoever which may be necessary to fully carry out the pro- 
posed work of cleaning and repairing, is hereby authorized to procure 
the assistance of the county surveyor, or a competent engineer if the 
county surveyor be incompetent, or not entirely disinterested. Such 
surveyor or engineer shall receive for his actual services in assisting 
such Township Trustee, as hereinbefore provided, the sum of four dol- 
lars ($4.00) per day, and not to exceed two dollars ($2.00) per day 
for the services of each deputy surveyor, and the same rate for parts 
of days, to be paid out of any money in the township treasury not 
otherwise appropriated, upon a report on oath filed with such Town- 
ship Trustee; but in cases where it is necessary to employ a civil 
engineer to act in such capacity as a deputy surveyor, then such 
deputy shall be paid at the rate of not to exceed four dollars ($4.00) 
per day for the time actually employed: Provided, That the total 
amount to be allowed to such surveyor or engineer for the services of 
himself and his necessary assistants shall not exceed the sum of ten 
dollars ($10.00) for each mile of any such open ditch or drain. All 
preliminary work preceding the actual work of excavation, including 
the engineering, clerical work, the advertising, and the letting of the 
contracts of any ditch or drain contemplated in this act, shall be com- 
pleted by the first day of August of the year in which such repair 
work is done. As soon as practicable after the county surveyor or 
civil engineer shall have completed his surveys, he shall prepare a writ- 
ten report in which shall be embodied all such computations, specifica- 
tions, information, data and statistics which he may have ascertained 
from his survey, and which may be necessary to enable such township 
trustee or any contractor to successfully carry out the work of cleaning 
and repairing; and he shall, on application of such Trustee, deliver 
such report to such Trustee. 



109 Township Trustees. §334d 

334d. Cleaning — Advertising for bids. After procuring such com- 
putations and specifications from such surveyor or civil engineer as 
provided for in section three (3) of this act, such Township Trustee 
shall furnish on demand to any person interested, or to any . one 
proposing to bid on such work, the computation of the number of 
cubic yards of excavation in each station as is above provided for, 
and such other facts appertaining to such work which such Trustee may 
have at his disposal; and he shall give notice for two (2) weeks and 
in at least two (2) issues of a newspaper of general circulation printed 
and published in each county in which any lands assessed for benefits 
are situated, and the ofiice, plant or establishment of which news- 
paper is located nearest to the line of the ditch or drain, and the 
last insertion of which notice shall be at least ten (10) days prior 
to the day on which the contract for the cleaning and repairing of such 
ditch or drain is to be awarded, as hereinafter provided. And he shall 
likewise give notice for ten (10) days by posting written or printed 
notices in at least five of the most public and conspicuous places in 
such township or in the vicinity of the proposed work. Such printed 
or posted notices shall set forth the time when and the place where 
such ditch or drain shall be sold for repairs. 

334e. Awarding of contracts. Such Township Trustee shall on the 
day and hour and at the place designated in the notice, proceed to 
let such work by contract to the lowest and best responsible bidder. 
He may let the work as a whole, or subdivide the same into two or 
more sections and let the same in separate contracts, as will in his best 
judgment the most speedily and economically accomplish its comple- 
tion: Provided, That any person against whose lands assessments 
for repairs have been made shall have the preference, at the same 
rate, over any other contractor, to the extent of his individual assess- 
ment, respectively, and if such person so assessed for the repair of such 
ditch or drain shall be present at the time Vv^hen such contracts for 
repairs are let, and shall demand a contract for such portion of such 
work as shall approximately equal his assessment, and shall, in the 
judgment of the Township Trustee, be entirely competent to undertake 
such work. And in the event that a portion or allotment of such work 
is contracted to any person or corporation interested in the repair 
thereof, such Township Trustee shall, whenever practicable, locate such 
share, portion or allotment of such ditch upon such tract of land owned 
by such person, or upon the right of way of such corporate road or 
railroad in such manner as to meet the convenience of the owner or 
owners, and he shall fix a permanent mark or monument at the place 
of beginning of such portion or allotment and he shall likewise es- 
tablish a permanent mark or monument at the termination of such 
portion or allotment and give the exact location of such portion or 
allotment, its length in feet, and a brief description of the manner in 
which the work shall be done. Any such interested person or corpo- 
ration to whom a share or portion has been sold, shall, within the 
time which shall be reasonable, and which for good cause, such as in- 
clement weather or other unavoidable causes, may be extended un- 
der the direction of such Township Trustee, construct such part of 



§334f Township Tkustees. 110 

such work so set off to him, and if such person or corporation is not 
ready with a sufficient force to execute and proceed properly and ex- 
peditiously with such work when the contractor shall have the work 
ready for him to begin, in such manner as not to retard or obstruct the 
progress of the work, or if such person or corporation shall fail or 
refuse to construct such portion of such work so contracted to him 
within the time and according to the specifications, or should it be- 
come manifest, before the expiration of such time, that such person 
or corporation would not complete the same, or would be unable to 
complete the same within the time limited, or in the manner specified, 
then such person or corporation shall forfeit all right conferrexi by 
his contract to such contractor and shall in addition thereto be liable 
to such contractor for any damage for any avoidable delay which such 
contractor may suffer by reason of the neglect or failure of such per- 
son or corporation to proceed properly with such work, but such per- 
son or corporation so in default shall be allowed on his contract a 
fair price for the work he has performed up to the time his contract 
is so annulled, such price to be determined by the Township Trustee 
letting the contract for the work. If such person or corporation to 
whom an allotment of work is contracted shall perform his work 
within the time specified, the price thereof shall be applied on his 
assessment, and the same shall not be collected of him as hereinafter 
provided. Any person or persons who shall have successfully bid for 
the whole or any part of such work shall when the same is set off to 
him, enter into a contract with the Township Trustee to perform such 
part of such work and give bond with two freehold sureties, for not 
less than double the amount for which the same is sold to be ap- 
proved by such Township Trustee, for the performance of his contract, 
and that he will pay all damages occasioned by his nonfulfillment of 
his contract, which may be recovered in any court of competent juris- 
diction. And the Township Trustee may bring suit in the circuit or 
superior court of the county upon any undertaking or upon the bond 
of any contractor for any breach thereof, and the amount recovered 
shall be paid into the general township ftind of such township, and 
in all suits brought by the Township Trustee under the provisions of 
this act such Township Trustee shall also recover attorney fees and the 
judgment shall be without relief from valuation or appraisement laws. 
And in case any person or persons whose lands are assessed for the 
repair of such ditch or drain shall be damaged by reason of such 
default and failure of such contractor to complete the work within the 
time limited, such contractor so in default shall be liable on his 
bond to the person or persons so damaged to the full amount of such 
damages, which may be recovered in any court of competent jurisdic- 
diction in a suit or an action on such bond in the name of the State 
of Indiana on the relation of the person or persons damaged for the 
use of such person or persons injured or damaged, and the amount 
recovered shall be paid to the person or persons injured. 

334f. Trustee has charge of work. The Township Trustee shall 
oversee all such work and have the same done in strict accordance with 
the specifications as hereinbefore described and in a workmanlike man- 



Ill Township Tkustees. §334g 

ner and with reasonable expedition, and if such Township Trustee shall 
refuse, fail or neglect to have such repairs made and done according 
to the provisions of this act and conformable to the specifications as 
hereinbefore provided, he shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof, be fined in any sum not less than 
twenty-five dollars ($25.00) nor more than fifty dollars ($50.00), 
for each and every offense. And when said work is completed said 
Trustee may have the same accepted by a competent surveyor, and 
the service of the surveyor shall be paid by the township. 

334g:. Repairing obstructed dirainage. And such Township Trustee 
shall likewise be authorized and required to clean out and repair any 
open or untiled ditch or drain within his jurisdiction when such ditch 
or drain shall have become choked or obstructed by accumulations of 
sand, earth, brush, debris or other material and when the flow of the 
water in such ditch or drain is checked, obstructed or dammed up 
thereby. And if the probable cost of such repair will not exceed ten 
dollars ($10.00) such Trustee shall proceed promptly to have such 
work done in the most efficient and economical manner. And he 
shall pay the cost of such labor and repair out of the emergency 
fund of the proper ditch or drain hereinafter provided for, unless 
there be no such fund or unless such fund shall be exhausted. And 
in the event there be no such fund or when such fund shall be, or 
shall become exhausted, then such Township Trustee shall pay the cost 
of such labor and repairs in the first instance out of the township treas- 
ury and when the first assessment for biennial repairs next succeeding 
shall be made, such sums, so advanced, together with any interest, at 
the rate of six per cent. (6%) per annum, which has accumulated 
thereon, shall be added to and become a part of the sum or sums 
raised for repair work and shall be assessed and distributed proportion- 
ately, as herein provided, on all persons or corporations assessed for 
repairs. But if the probable cost of such cleaning or repairs shall 
exceed ten dollars ($10.00), then and in that event such trustee shall 
proceed in all cases as is in this act provided for the biennial repair of 
open or untiled ditches and drains. 

334h. Shrubbery removed. The Township Trustee shall have all 
brush, weeds, willows, trees, or other natural growth removed from 
the banks of all open and tiled ditches and drains excepting in cities 
and towns, or from the banks of such part or parts thereof as lies 
within his jurisdiction for a distance of twenty (20) feet on either 
side thereof, during the month of July, each year except where such 
natural growth other than weeds protects the washing of such ditches 
and does not interfere with the flow of water in such ditch. If the total 
cost of cutting and removing such brush, weeds, willows or other 
natural growth shall not exceed ten dollars ($10.00) such Township 
Trustee shall proceed to have such work done in the most efficient 
and economical manner and he shall pay the cost of such labor out 
of the proper emergency fund if there be such fund, and unless such 
fund be exhausted, and in the event that there be no such fund, or 
that the fund shall be or shall become exhausted, then such Township 
Trustee shall pay the cost of such labor or repairs, in the first instance 



§334i Township Teustees. 112 

out of the township treasury and when the first assessment for bi- 
ennial repairs for any open drain, or for the creation of an emergency 
fund in the case of tile drains next succeeding shall be made, such 
sum, so advanced, together with any interest at the rate of six per 
cent. (6%) per annum thereon, shall be added to and become a part 
of the sum or sums raised for repair work and shall be assessed and 
distributed proportionately, as in this act provided, on all persons or 
corporations assessed for repairs. But if the probable cost of re- 
moving such growths shall exceeed ten dollars ($10.00) then and in 
that event such Trustees shall at any time prior to July 1, each year, 
let the contract for the removal of such weeds, brush, willow trees 
or other natural growth to the lowest and best responsible bidder, 
after having published notice in some paper enjoying a general cir- 
culation among the persons interested therein: Provided, That the 
last of such notices shall be inserted at least ten (10) days prior to 
such letting. And he shall pay the costs of such labor or repair in 
the first instance out of the township treasury and when the first 
assessment for biennial repairs of any open drain or for the creation 
of an emergency fund in the case of tile drains, next succeeding shall 
be made, such sum, so advanced and expended, with interest at the 
rate of six per cent. (6%) per annum which has accumulated thereon, 
shall be added to and become a part of the amount or amounts raised 
for such repair work and shall be assessed and distributed pro- 
portionately as herein provided. If any such Township Trustee in 
this State shall refuse, fail or neglect to have such repairs made and 
done according to the provisions of this section he shall be deemed 
guilty of a misdemeanor and shall, upon conviction., thereof, be fined 
in any sum not less than ten dollars ($10.00) nor more than twenty- 
five dollars ($25.00) for each and every offense. 

3341. Tile drains — Cleaned and repaired. All the drains which may 
be within the jurisdiction of and under the supervision of the several 
Township Trustees of this State shall be repaired under the direction 
of such Trustees whenever the necessity for such repairs may arise 
or exist and shall not be classified for biennial repairs as herein pro- 
vided for open drains. Any Township Trustee of any township in this 
State shall be and is hereby authorized to repair any tile drain within 
his jurisdiction, at any time, upon notice of the necessity of such 
repairs, by any person or corporation interested. Upon the receipt of 
such notice, such Township Trustee shall proceed immediately to have 
such tile drain repaired without advertising, letting a contract or con- 
tracts for the performance of the work, or imposing or apportioning 
assessments as hereinafter provided, if the total cost of such repair 
does not exceed ten ($10.00) dollars, and such Trustee shall pay such 
cost of repair out of the emergency fund of the proper tile drain, as 
hereinafter provided, if there be such fund, and unless such fund be 
exhausted. And in the event that there be no such fund, or that 
the fund shall be or shall become exhausted, then such Township Trus- 
tee shall pay the cost of such labor and repairs out of any funds in 
the township treasury not otherwise appropriated. But if and in the 
event that the cost of such repairs shall exceed ten dollars ($10.00) 



113 TownshipJTkustees. §334 j 

then such Township Trustee shall proceed by advertising and letting a 
contract or contracts for the performance of the work in all respects as 
is provided in this act for the letting of contracts for the repair and 
cleaning of open ditches or drains. As soon as any such contract or 
contracts shall have been awarded, and if there be no emergency 
fund, such Township Trustee shall provide for the creation of an emer- 
gency fund by levying an assessment upon the lands which will be 
benefited by such repairs in the proportion and on the basis of the 
original assessment for the construction of such tile ditch or drain 
and in accordance with the benefits received thereby. 

334j. Certifying cost — Emergency fund. The Township Trustee 
shall certify the cost of the maintenance and repair of any ditch or 
drain, or any part or parts thereof, which lie within his jurisdiction 
and which is cleaned out and repaired under his supervision, and he 
shall certify the cost of his necessary assistants, and any and all other 
expenses authorized by any of the provisions of this act, as soon as 
such costs are known and ascertained. And he shall likewise provide 
for a fund to be known and designated as an emergency fund, for such 
purposes as are in this act provided. Such emergency fund shall be 
equal to approximately one per cent. (1%) of the original costs 
of the construction of such ditch or drain. And in order to raise the 
necessary money to defray the expense herein authorized and to create 
and replenish the emergency fund provided for in this section, such 
Trustee shall apportion and assess the costs necessary to repair any 
tile drain and the sum or sums required to create or replenish the 
emergency fund, hereinbefore defined, upon the lands which will be 
benefited by such repairs or removal of obstructions in proportion 
and on the basis of the original assessment for the construction of 
such tile drain and according to the benefits received thereby. If any 
tile drain contemplated in this act shall have been newly constructed, 
or reconstructed the cost of such reconstruction shall be taken as the 
basis in determining the proportionate assessments for benefits or 
damages in repairing or cleaning. If at any such biennial levy for 
necessary costs of labor and repairs or replenishment of the emergency 
fund, such Trustee shall find that the emergency fund levied at the 
last preceding biennial assessment is not exhausted, and if in his 
judgment no additional levy for an emergency fund is required, then 
and in that event he shall not be required to make such additional levy 
for the increase of such emergency fund. 

334k. Tax levy. The amount or amounts of money which may be 
necessary to clean or repair any open ditch or drain and to create an 
emergency fund to keep such ditch or drain in a state of repair, as 
hereinbefore provided, shall be raised by levying a flat or uniform rate 
upon all agricultural lands, town or city lots, streets, alleys, high- 
ways, public grounds, and railroad rights of way which may be bene- 
fited. For purposes of taxation each town or city lot shall be deemed 
to be equivalent to one (1) acre of agricultural land and shall be 
assessed at a uniform rate per acre or per lot, as the case may be. 
The acreage comprised in all highways, streets, alleys, public grounds 
or railroad rights of way shall be estimated and assessed proportionate- 

8-^4843 



§3341 Township Trustees. 114 

ly. The Township Trustee shall award to each tract or parcel of land 
through which any open ditch or drain passes reasonable damages, 
which in his judgment, accrue to such lands by reason of the presence 
or existence therein or thereon of such open ditch or drain, and the 
benefits assessed to such tract or parcels of land shall be abated ac- 
cordingly. The Township Trustee shall take note of any accumulations 
of earth or debris or any other obstructions in the channel of such 
ditch or drain which are directly traceable to the negligence of any 
landowner. The Trustee shall notify such landowner of the presence 
of such accumulations or obstructions and give him an opportunity 
to remove them at his own cost, and upon failure or refusal to do so, 
the Trustee shall estimate the approximate cost of removing such ob- 
structions and accumulations and assess the same as special benefits 
to such landowner and the special assessment so made shall be col- 
lected at the same time and in the same manner that assessments for 
cleaning and repairs are collected. 

3341. Record of assessments — Objections. Such Township Trustee 
shall reduce such assessments to writing, and after the same are 
finally fixed and established he shall record the same in a book to 
be kept for that purpose, and known as the township drainage record. 
He shall thereupon cause to be posted up, for not less than ten (10) 
days, in five (5) public places in the township where lands are assessed 
for the repair of such work, written or printed notices of the place 
where and the time when he will hear all objections that may be 
made to such assessments, which notice may be in substance as fol- 
lows: 

To whom it may concern: 

You are hereby notified that I will be at my office on the 

day of 19 . . . . , at the hour of and will then and 

there hear all objections that may be* made to my assessment for 
cleaning out biennially and keeping in repair (or creating an emer- 
gency fund in case of a tile drain) the ditch, in 

township, county, Indiana, when 

and where you can appear and be heard if you see fit. 



Township Trustee. 
Dated this day of 19 . . . 

A copy of said notice shall also be sent by mail to each individual 
whose lands are assessed for the repair of such work, and to an 
oflacer of each corporation, and to a station agent of each railroad 
which has been assessed for the repair of such work. Where the resi- 
dence of any non-resident owner of such land is known to the Town- 
ship Trusiee, he shall send a copy of such notice by mail to such non- 
resident. If a non-resident owner of land has a known agent in the 
county a copy of said notice shall be mailed to such agent. 

334m. Power to change assessments. Upon the day named in such 
notice, such Township Trustee shall be present at the time and place 
therein mentioned, and shall hear all objections made to such as- 
sessments, and shall have power to administer oaths to all persons 



115 Township Trustees. §334n 

examined before or by him. He may adjourn the hearing from day 
to day, or from time to time, as may be deemed necessary until all 
objections are heard. All persons interested shall take notice of such 
adjournment without further notice. After hearing all objections 
that may be offered to such assessments, such Township Trustee shall 
confirm or change the same as justice may require, and shall enter 
an order accordingly, which shall be final and conclusive upon all par- 
ties interested, unless appealed from in ten (10) days thereafter. 

334n. Omitted assessments — Appeal. If any person or corporation 
benefited by any ditch or drain now constructed or which may here- 
after be constructed under any of the drainage laws of this State, shall 
have been inadvertently or for any other reason omitted in the origi- 
nal assessment for the construction of such ditch or drain, the Town- 
ship Trustee shall, by and with the aid of the surveyor or civil engi- 
neer as hereinbefore provided for, and at the time when ascertaining 
the grade line and making the specifications for such ditch or drain, 
levy on such person or corporation so benefited a reasonable assess- 
ment for the repair of such ditch or drain. Any person or corporation 
aggrieved by any assessment imposed under the provisions of this act 
may appeal therefrom to the circuit court or the commissioners' court 
of the county by filing with the clerk of said court or the county 
auditor, within ten (10) days from the time of such order, an under- 
taking conditional that he will duly prosecute such appeal, and pay 
all costs that may be adjudged against him on such appeal, such surety 
to be approved by said clerk or county auditor; whereupon such clerk 
or county auditor shall issue a notice in* the nature of a summons to 
such Township Trustee, which shall be served by the sheriff of said 
county, and thereupon such Township Trustee shall file with such clerk 
or county auditor a copy of the record of such assessment and the 
objection of the appellant thereto, which shall be all the proceedings 
necessary upon such appeal. If the circuit or commissioners' court 
reduce the assessment one-fifth in amount then all costs occasioned 
by such appeals shall be taxed against such Township Trustee, and paid 
out of the general funds in the township treasury not otherwise ap- 
propriated, otherwise the costs shall be adjudged against the appellant. 
If more than one person appeal separately the cases shall be con- 
solidated and tried together. The circuit or commissioners' court 
may confirm the assessment made by the Township Trustee or change 
the same, and its decision upon such appeal shall be final and con- 
clusive. In case of the subdivision of tracts of land the assessment 
for repairs of such drains and ditches as may be located thereon shall 
be proportionately divided by such Trustee or by contract between the 
persons interested and the duties prescribed under this act, pass to 
grantee. 

334o. Railroad assessments. That in all cases where the record of 
the original assessment for the construction of such ditch or drain 
shall have been lost, destroyed, mutilated, or is for any other reason 
inaccessible, such Township Trustee and such surveyor or civil engineer 
shall be authorized and required to ascertain and determine by actual 
view and inspection the lands and highways and right of way of any 



§334p Township Trustees. 116 

railroad or railroads which will be benefited by such work of repair 
and shall fix and apportion the assessments on such lands, highways, 
right of way and easements as shall in their judgment seem just and 
equitable, conformable to any laws which are now or may hereafter 
be in force in this State in relation to the construction of drains and 
ditches. 

334p, Trustee collects assessments. The tax assessed for the repair 
and maintenance of such ditches and drains shall be paid to the 
Township Trustee as follows: Twenty-five (25) per cent, thereof shall 
be paid to such Township Trustee within thirty (30) days after the 
commencement of any repair. The remaining seventy-five (75) per 
cent, of such assessment shall be paid in three equal installments at 
intervals of thirty (30) days each, or as the work progresses. And if 
any person or corporation assessed for the repair of any such ditch or 
drain shall permit his four (4) installments to become delinquent, 
such delinquent shall be liable to a penalty of not to exceed eight per 
cent, upon the amount of any installment not paid when due, which 
the persons or property assessed shall pay, together with the cost of 
collection, and such Township Trustee may bring suit in any court of 
competent jurisdiction of the county wherein such ditch or drain is 
located to collect such delinquent tax and expense and enforce and 
foreclose the lien on such land or railroad. If any costs shall have 
been paid in the first instance out of the township treasury, the Town- 
ship Trustee shall take all such advancements for the repair of any 
such drain into consideration, including such sums advanced, together 
with interest at the rate of six per cent, per annum thereon, in such 
assessments and when collected he shall reimburse such township for 
funds advanced for the repair of such drain. And all moneys derived 
from assessments for any repairs contemplated by this act are hereby 
declared subject to deposit and such Township Trustees shall deposit 
all such funds in the depository or depositories of such townships 
selected by the proper board of finance and he shall likewise file with 
the secretary of such board of finance a verified statement of the 
funds so deposited. And such funds shall not be subject to with- 
drawal except to discharge the obligations incurred by the provisions 
of this act for the repair of such ditches and drains and only as the 
work progresses. And if any interest accrues on such fund' it shall 
be added to and become a part of such fund. And such Trustee shall 
keep a true and correct account of all funds collected, advanced, ex- 
pended or disbursed in a book provided for that purpose, the account 
with each drain being kept separately. Subject otherwise to the provi- 
sions of this section, the assessment to create or replenish the emer- 
gency fund of any tile drain may be paid within thirty (30) days after 
the beginning of any repairs. 

334q. Credit for blind ditch. Where any person or persons shall 
have converted that portion of any ditch or drain running through 
his or their lands or parts thereof into a blind ditch by putting in 
drain tile of sufficient dimensions to serve the purpose of drainage, 
such drain tile so put in being continuous from the head or beginning 
of such ditch or drain through the land of the owner or owners, and 



117 Township Trustees. §334r 

thus obviating the necessity of working that part of such ditch so tiled 
on his or their lands, such tiling shall be taken into consideration in 
making assessments for repairs, and the assessments hereinafter pro- 
vided shall be made among the landowners, roads or railroads only- 
through whose lands such ditch or drain is open; and where assess- 
ments have been made to include land or lands through which such 
blind ditch or tiling forms a part of the open ditch, the owner or 
owners shall receive due credit for the portion so tiled. But such per- 
son or persons who shall have converted that portion of any such ditch 
or drain running through or across his or their lands or part thereof 
into a blind ditch by putting in suitable drain tile of sufficient dimen- 
sions to serve the purpose of drainage, shall be responsible for the re- 
placement of all tile which are found to be defective, or which have 
been crushed or broken, and for the removal of all obstacles or obstruc- 
tions which may have accumulated in such tile, and such only, which 
extend through or across the land or lands of such persons, and which 
are directly due to such crushed, broken or defective tile. But when 
the accumulations or obstructions shall be directly traceable to the 
negligence of other persons interested in such ditch or drain, or due to 
the natural and unavoidable accumulations of earth, leaves, debris, or 
other material, the expense of removing such obstructions or accumu- 
lations shall be charged to and paid out of the funds raised by pro- 
portional assessment as herein provided. 

334r. Adjoining townships — Joint powers. Whenever it may be nec- 
essary in cleaning or repairing any ditch or drain contemplated in 
this act lying on, along, across or near to the line between any two or 
more contiguous or adjacent townships, and when such drains or 
ditches can not be cleaned, repaired or improved in the best manner 
without affecting the lands in such contiguous or adjacent townships, 
the Township Trustees of the several townships in this State, so ad- 
joining other townships therein, shall have authority to join with the 
proper Trustees of such contiguous or adjacent townships in the repair 
or improvement of any such ditch or drain. Such Trustees of any such 
contiguous or adjacent townships are hereby authorized to proceed 
jointly in the repair or improvement of such ditch or drain, each to pay 
such proportion of the repair or improvement of any such ditch or 
drain as shall be just and equitable, and all the provisions of this 
act so far as applicable shall govern such Township Trustee in rela- 
tion to such joint work of improvement or repair. And any Township 
Trustee shall be authorized to proceed similarly if the ditch or drain 
which it is desired to clean out or repair lies on, along, across or near 
to the state line between the State of Indiana and any adjoining State: 
Provided, always. That such townships, counties or other political sub- 
divisions in other States shall pay their proper share of the necessary 
cost and expenses: Provided, That in all cases where the ditch or 
drain lies on, along, across or near to the line between any two or 
more contiguous or adjacent townships in this State, any one or 
more Trustees of such townships may delegate the authority conferred 
on them by this act to any one of their number, preferably to the Trus- 



§340 Township Teustees. 118 

tee of that township in which the greater portion of such ditch or drain 
is located, and hq shall proceed in all cases as is provided in this act. 
Any Trustee who shall oversee and supervise the work of cleaning 
or repairing any such inter-township drain shall be entitled to receive 
from the township treasury of the adjoining township the sum of three 
dollars ($3.00) per day for each day or fraction thereof which he is 
necessarily employed in overseeing the work on such part of such inter- 
township drain which is situated within such adjoining township or 
townships. 

SECTIONS OMITTED. 

Note: Laws constituting Sections 33 5 to 3 3 9, inclusive, of 
this book, were repealed by the legislature of 1915, and for 
that reason are omitted. 

OBSTRUCTIONS, REMOVAL. 

(Acts 1907, p. 508, Sec. 6173.) 

340. Owners of lands liable for obstructions by cattle. That the 
owner of inclosed land through which any allotted ditch may run, 
shall be liable to the Trustee for any obstruction caused by cattle or 
stock, and upon notice from the Trustee, the owner of said land shall 
immediately remove such obstruction, and if not so removed, the 
Trustee shall have said ditch repaired, and may sue such owner in any 
court having jurisdiction, and collect all expenses incurred in making 
any such repair, provided such expenses shall include the reasonable 
attorney's fees. 

DITCHES — PUBLIC TILE — PETITION FOR REPAIRS. 

(Acts 1913, p. 152, Sec. 6174.) 

341. When Trustees may use road funds to repair tile ditches. Un- 
der the amended act 1913, provision is made for the repair of any 
tile ditch which has been constructed under any law of the State. 

The act provides that any owner who may have been assessed for 
such construction may petition the circuit or superior court, or the 
board of commissioners, alleging that such tile drain can be more eco- 
nomically repaired, or that the drainage is incomplete and can be 
made sufficient by conversion of the ditch into an open one, or in 
other ways. 

The act also provides that when such public tile drainage has 
become defective, by reason of broken tile, uncovered, displaced or 
stopped up, and the cost of such repair will not cost to exceed $50, 
then the Township Trustee of the township in which such defective 
condition exists, may repair the same out of the road funds available 
in his hands. 

341a. JOINT DITCHES — BY AGREEMENT. 

(Acts 1915, p. 563.) 
This act provides that in case of the failure of a person interested 
in a joint ditch, which has become obstructed, to repair his portion, 
any landowner damaged by such obstruction may report the facts to 



119 Township Trustees. §342 

the Trustee. The Trustee shall then notify the offending owner to re- 
pair his drain, and on his failure so to do, the Trustee, within ten days 
of such notice, shall proceed to make the necessary repairs, and certify 
the cost thereof to the county auditor, who shall add 50 per cent, pen- 
alty, and collect the same as any other taxes are collected. If any 
surplus exists after payment of the cost of the repair, it shall be added 
to the road fund for repair of free gravel roads. 

FENCES — TRIMMING HEDGE FENCE — PARTITION. 

(Acts 1895, p. 61, Sec. 7405.) 

342. Hedge fence — Annual trimming- — Partition. The act of 189 5, 

requires that all hedges or other live fences along the lines dividing 
lands owned by different persons in the State of Indiana, shall be cut 
and trimmed down to the height of not exceeding five feet and to a 
width of not exceeding three feet once in every calendar year, 

(Acts 1895, p. 61, Sec. 7406.) 

343. Duty of Trustee as to trimming i^artition line hedge fence. 

It shall be the duty of any Township Trustee, upon complaint in writ- 
ing, signed by the complainant, who must be an owner or owners of 
land adjoining said fence, that any person owning any hedge or other 
live fence upon a line dividing lands owned by different persons, has 
neglected to cut and trim said hedge or other live fence as heretofore 
provided, to examine within five days after receiving such notice all 
hedges or other live fences so complained of, and if there shall be any 
hedge or other live fence that has been complained of, that has not 
been cut and trimmed as heretofore provided, he shall give the owner 
or owners thereof written notice to cut and trim such hedge or other 
live fence and to remove the brush to his own land within thirty days 
after receiving such notice, such notice to be served by reading the same 
to said owner or owners, or by leaving a copy of the same at his usual 
place of residence: Provided, That if the owner or owners of lands 
divided by such hedge or other live fence be not residents of the town- 
ships, where such hedge or other live fence is located, such notice shall 
be served by mailing a copy of the same to said owner or owners di- 
rected to his or their last known postoffice, and if such owner or own- 
ers, their agents, or tenants, do not proceed to cut and trim such fences 
and remove the brush as heretofore provided, that such Trustee shall, 
immediately after the expiration of thirty days, cause said hedge or 
other live fence to be cut and trimmed, as hereofore provided, and the 
brush removed to the owner's land; such Trustee shall recover all ex- 
penses incurred in cutting and trimming such hedge or other live 
fence and removing the brush as before provided, by suit against the 
owner or owners of the lands on which such hedge or live fence is 
situated, before any justice of the peace of the township, in which 
such hedge or other live fence is situated, or they may bring suit in 
the circuit or superior court of the county in which such hedge or 
other live fence is situated, to collect such expenses and any judgment 
so recovered shall be without relief from valuation or appraisement 
laws. 



§344 TownshipJTrustees. 120 

(Acts 1895, p. 61, Sec. 7407.) 

344. When prosecuting attorney brings suit. It is hereby made 
the duty of the prosecuting attorney to prosecute such suit in the name 
of the State of Indiana on relation of such Township Trustee, for 
which service the prosecuting attorney shall receive the sum of ten 
dollars to be collected as part of the cost of such suit. 

(Acts 1895, p. 61, Sec. 7408.) 

345. When Trustee neglects — ^Penalty. Any Township Trustee, who 
shall fail or neglect to perform his duties as laid down in this act, upon 
complaint of any freeholder of said township, shall be fined not more 
than twenty-five dollars nor less than five dollars. 

HEDGE FENCE. 

(Acts 1 R. S. 1852, p. 307, Sec. 7806.) 

346. Petition to Trustee to plant hedge fence on highway. The 

Trustee of any township, on petition of an individual desiring to plant a 
hedge on his land adjoining a public highway, may grant such indi- 
vidual the privilege of placing his fence seven feet on such highway, 
provided it will not be an obstruction to such highway. 

FENCES — PARTIIION FENCE DEFINED. 

(Acts 1911, p. 515, Sec. 7377.) 

347. Definition of a ''partition fence." All fences now constructed 
and used by adjoining landowners as a partition fence or fences unless 
specially agreed upon by such landowners shall be deemed partition 
fences and shall be repaired, maintained and paid for as is herein pro- 
vided. 

(Section 7378.) 

348. Who shall build — When Trustee shall act. It shall be the 
duty of all landowners whose lands join and separate said land by a 
partition fence to be constructed upon the line or lines dividing or 
separating said lands whether said lands were divided heretofore or 
may hereafter be divided. In case no division of said partition fence 
has been made between the landowners for the building or repairing or 
rebuilding of such partition fence, then in such case the landowner, 
whose land lies to the east of said fence, shall build the north half 
thereof and the landowner whose land lies to the west of said fence, 
shall build the south half thereof and if the landowner's land lies north 
of the fence to be built, rebuilt or repaired he shall build, rebuild or 
repair the west half thereof, and if the land lies to the south of such 
fence, such landowner shall build the east half thereof. And if any 
landowner fails to build, rebuild or repair such fence after receiving 
notice as is hereinafter provided, the Township Trustees wherein said 
land or line is located, shall build, rebuild or repair such fence as is 
hereinafter provided. 



121 Township Trustees. §349 

(Acts 1915, p. 638, amending Sec. 7379.) 

349. How cost apportioned — Trustee's procedure. All partition 
fences shall be built, rebuilt, kept in repair at the cost of the several 
landowners whose lands are enclosed or separated by such fences equal- 
ly according to the number of rods or proportion thereof such land- 
owner may have along such line of fence whether his, her or their title 
in fee simple, or a life estate. That if any landowner as above de- 
fined, shall fail or refuse to compensate for building, rebuilding or 
repairing his, her or their proportion of fence, any landowner inter- 
ested in such fence after having built, rebuilt or repaired his pro- 
portion of such fence, shall give to the defaulting landowner, his 
agent, or tenant twenty days' notice to build, rebuild or repair his 
proportion of such fence as the case may be, and if such defaulting 
party shall fail to build, rebuild or repair such fence within said 
time, such landowner shall then notify the Township Trustee of the 
township wherein said lands are located of such fact: Provided, That 
where the fence sought to be established, rebuilt or repaired, is on a 
township line, in such case the owner or owners shall notify the Trustee 
of the adjoining township to the one in which the defaulting party 
lives of the improvement he or they may desire made, and such Trus- 
tee shall have jurisdiction of such matter, unless disqualified as here- 
inafter provided, estimate the costs for such fence, building, rebuild- 
ing or repairing the same, as the case may be, and within a reasonable 
time after being notified such Trustee shall make out a statement 
and notify such defaulting party of the probable cost of building, re- 
building or repairing such fence, as the case may be, and if after twenty 
days, said fence is not built, rebuilt or repaired by such defaulting 
landowners, such Trustee of such township shall build, rebuild or re- 
pair such fence as the case may be: Provided, That such Trustee shall 
use only the materials for such fences as is most commonly used by the 
farmers of such community: Provided, further, That if such Trus- 
tee of such township is disqualified to act, then it shall be lawful and 
It shall be the duty of the Trustee of the adjoining township, residing 
nearest to where such fence is situated to act in the premises upon re- 
ceiving a notice so to do by any landowner interested therein: Also, 
Provided further, That a lawful partition fence shall be a straight board 
and wire fence or a straight wire or a straight board fence or a picket 
fence four feet high, a straight rail fence four and one-half feet high, 
a worm rail fence five feet high and all fences of every structure to 
be sufiiciently tight and strong to hold hogs, sheep, cattle, mules and 
horses: Provided further. That if a ditch or creek crosses the division 
land [line] between two landowners, necessitating additional expense 
in the maintenance of the part over such stream, if such landowners 
can not agree upon the proportionate share of each, the Township Trus- 
tee shall appoint three disinterested citizens who shall apportion the 
partition fence to be built by each landowner: Provided, further, 
That any Trustee related to any of the parties interested or if an in- 
terested party himself, then it shall be lawful for the Trustee of any 
other township residing nearest to where such fence is situated to act 



§350 Township Trustees. 122 

in the premises. Provided, further, That in all cases where a ditch, 
creek, forms, covers, or marks the dividing line or any part thereof 
of the lands of separate and different landowners of this State so that 
partition fences such as are required and provided for in this act 
can not be built and maintained on such dividing line, then and in all 
such cases such partition fences shall be built and maintained under 
the provisions of this act as near to such boundary line as may be, 
and each landowner shall be required on his own land to build a sep- 
arate partition fence, and to maintain the same at his own cost. Pro- 
vided further, That in all cases where partition fences, such as are re- 
quired and provided for in this act, cross any ditch or creek and by 
reason thereof it is impracticable to construct or maintain that por- 
tion of said fence as would cross said ditch or creek, as a stationary 
fence, then and in all such cases there shall be erected in lieu of such 
portion of said fence across said ditch or creek, and as a part of such 
partition fence, flood-gates or other similar structures, sufficiently 
high, tight, and strong to turn hogs, sheep, cattle, mules and horses 
or other domestic animals, and so constructed as to swing up in times 
of high water. And such flood-gates or other similar structures shall 
be so built and constructed as to connect continuously such partition 
fences: and. Provided further. That if the building and maintenance 
of such flood-gate or other similar structure occasions additional ex- 
penses, and such landowners can not agree upon the character of 
flood-gate or other similar structure, or upon the proportionate share 
of the cost thereof to be borne by each, the Township Trustee upon no- 
tice in writing from either landowner of such disagreement and the 
nature thereof, shall appoint three disinterested citizens, of said town- 
ship, who shall determine the kind of structure and apportion the cost 
of such flood-gate or other structure between such landowners, taking 
into consideration the parts and portion of such fence being main- 
tained by each landowner. And the determination of a majority of 
such arbitrators of any matter or matters submitted to them shall be 
final and binding on each landowner. The compensation of such arbi- 
trators shall be two dollars each, which shall be paid by said land- 
owners in the proportion they are ordered to bear the expense of such 
gate or structure. In case either or both of such landowners shall 
fail to construct or compensate for constructing the structure deter- 
mined upon by such arbitrators in the proportion determined, within 
thirty days from such determination, such Township Trustee shall pro- 
ceed at once to construct such gate or structure and collect the cost 
thereof, including the compensation of such arbitrators, from such de- 
faulting landowner or landowners in the same manner as is provided 
for ordinary partition fences. And such flood-gate or other structure 
shall be repaired, rebuilt or replaced in accordance with the determina- 
tion of said arbitrators. 

(Section 7380.) 

350. Trustee's duty upon completion — Per diem $3.00. As soon as 
such Trustee has had such fence built, rebuilt or repaired, he shall 



123 Township Trustees. §351 

make out a statement in duplicate of the actual cost incurred by him 
in the building, rebuilding or repairing of such fence, adding to such 
statement three dollars per day for every day actually employed by 
him in performing the service required herein, one to be handed to 
the landowner affected by the work and the other to be filed in the 
auditor's office of the county wherein said fence is located and where 
the landowner resides affected by said work and by said auditor placed 
on the tax duplicate against the lands of the landowner affected by 
said work, and to be collected as taxes are collected and when so col- 
lected to be paid to tlie Township Trustee filing said statement. The 
fees taxed by the Township Trustee shall be his sole property when 
collected. 

(Section 7381.) 

351. Trustee freed from any personal liability. There shall be no 
personal liability upon the Township Trustee for any contract he may 
make by reason of this act for the building, rebuilding or repairing of 
fences as herein provided, but the contractor shall receive his pay from 
the township funds, the same to be reimbursed when said contract 
price is paid into the county treasury. 

(Section 7382.) 

352. Lands assessed at $5 or less per acre^ — Exemption. This act 
shall be liberally construed in favor of the objects and purposes for 
which it is enacted and shall apply to all lands whether enclosed or 
unenclosed, cultivated or uncultivated, wild or wood lot: Provided, 
That this section shall not apply to any land whose assessed value is 
five dollars or less per acre or exempt from taxation. 

CEMETERIES — ABANDONED. 

(Acts 1913, p. 290, Sec. 4438.) 

353. 1913 law — Trustee's duty concerning abandoned cemeteries. 

That any cemetery located in any township, or within any city or town 
within such township, which cemetery is abandoned, or has been or 
shall be hereafter deeded to such townships, and not under the control 
or management of any organization or association or individual whose 
duty it is to care for and maintain such cemetery, shall be under 
the care and supervision of the Township Trustee of such township. 

(Section 44 38a.) 

354. Care and maintenance of cemeteries. It shall be the duty of 
the Township Trustee to care for and maintain in a respectable condi- 
tion, by fencing, when there is no fence, by keeping the weeds, briars 
and brush mowed and cleaned up in all public cemeteries located with- 
in his township, or within any city or town located within such town- 
ship, which are wholly or in part abandoned or unused and are not 
under the supervision of any association, organization or individual 
whose duty it is to so care for the premises. 



§354a Township Trustees. 124 

354a. DONATIONS FOR CEMETERY TRUST FUND. 

(Acts 1915, p. 581.) 

The act of 1915 relating to donations of not less than $100 to 
boards of county commissioners, or Trustees, for cemetery uses, which 
shall be cared for and loaned the same as common school funds, pro- 
vides under Sec. 4, as follows: 

The county auditor shall make distribution of the interest accrued 
on any cemetery fund or funds on the last Monday of January of each 
year and to the following person or persons: To the Township Trus- 
tees of the township in which any abandoned or unincorporated ceme- 
tery is located, provided that such cemetery be located on a county line 
or on a civil township line, then the Trustee whose township lies on 
the east or south of such cemetery shall have charge of the cemetery 
and shall receive the money from the county auditor having the fund 
or funds in trust: To the treasurer of any board of directors of any 
incorporated cemetery. 

The Township Trustee and the treasurer of said board of directors 
shall each take a receipt or voucher for any money paid out stating 
the amount paid out, the purpose for which expended and the fund 
from which it came. The receipts and vouchers shall be filed with 
county auditor on or before January 1st of each year and shall be pre- 
sented to the board of county commissioners for examination and ap- 
proval at their January meeting. 

ELECTIONS. 

(Acts 1897, p. 199, Sec. 6884.) 
355. Trustee inspector of elections in precinct where resides — ^When 
not eligible — Qualification of judges. Township Trustees shall, by 
virtue of their office, be inspectors of elections in the precincts in which 
they respectively reside, and shall, prior to the opening of the polls 
in such precincts, appoint as judges of elections two qualified elect-ors 
of such precinct, who shall have been freeholders and resident house- 
holders therein for at least one year, or householders for at least two 
years next preceding such election, and who are members of different 
political parties and of the parties which cast the highest number of 
votes in the State at the preceding general election: Provided, If no 
persons that are qualified will consent to serve as such judges, or that 
if there are no persons residing in any precinct qualified to act as 
judges of election, by reason of the fact that they have not been resident 
householders within such precinct for one year, then in that case the 
Township Trustee shall appoint two qualified electors of such precinct 
as such judges: and. Provided further. That if at least one week or 
more prior to such election the chairman of the county central com- 
mittee of either of the two parties that cast the largest number of 
votes in the State at the last general election shall designate a mem- 
ber of such party as judge, having the same qualifications as above pre- 
scribed, he shall be appointed, and such judges, together with the in- 
spector, shall constitute a board of election. No person shall be eli- 



125 » Township Trustees. §356 

gible as a member of the board of election who has anything of value 
bet or wagered on the result of such election, or is a candidate to be 
voted for at such election, or who is father, father-in-law, son, son-in- 
law, grandfather, grandson, brother, brother-in-law, uncle, nephew, 
first or second cousin of any candidate at such election. If at any time 
before, or during an election, it shall be made to appear to any inspec- 
tor, by the affidavit of two or more qualified electors of the precinct, 
that either of the judges is disqualified under the provisions of this 
act, he shall at once remove such judge and fill the place with a qual- 
ified person of the sam.e political party as the judge removed; and, in 
case such disqualified judge shall have taken the oath of office here- 
inafter prescribed, the inspector shall place such oath and affidavit 
before the next grand jury of the county. 

ELECTIONS — MEALS FOR ELECTION OFFICERS. 

(Acts 1881, S. p. 482, Sec. 6952.) 

356. Trustee to fuinish meals — How paid. It shall be the duty of 
the Township Trustees, in their respective townships, to cause the mem- 
bers of the election board in each township or precinct to be furnished 
with good, plain, and substantial meals, at the regular hours for meals, 
during the election day and until the count is finished, but no spiri- 
tuous, vinous, or fermented liquors shall be furnished. Such Trustees 
shall be allowed, and paid, by the county board the actual cost of such 
meals, in their next regular account. 

Note: Boards of county commissioners cannot allow a claim 
to a Trustee for meals which the Trustee himself has fur- 
nished. 

TALLY PAPERS. 

(Acts 1905, p. 193, Sec. 6966.) 

357. Must keep tally papers of township separate from others. The 

tally papers for township elections shall be kept separate and apart 
from those upon which are recorded the votes cast for candidate for 
state, district and county offices, and the vote for township offices shall 
be canvassed as heretofore provided by law: Provided, however. That 
in all townships having more than ten (10) voting precincts the vote 
thereof for township offices shall be canvassed by the county board of 
canvassers as herein provided for all county elections. 

TOWNSHIP ELECTIONS. 

(Acts 1893, p. 192, Sec. 6982.) 

358. Change in time of holding toAvnship election — November. 

The time of holding the election of Township Trustees, justices of the 
peace, assessors, constables, road supervisors and such other officers 
of townships as may be provided for by law, shall be changed from the 
April election, and all such township officers shall be elected at the 
general election to be held on the first Tuesday after the first Monday 
in November, 1894, and every four years thereafter, and which election 



§359 Township Trustees. « 126 

shall be conducted by the provisions of the law governing said general 

election. 

Note: This law is superseded by Section 359, this book, as 
to the Township Trustee and assessor. This law is superseded 
by Section 2 97, this book, as to the election of road super- 
visors. Acts 1915, p. 101. 

ELECTION OF TOAVNSHIP TRUSTEE. 

(Acts. 1911, p. 113, Sec. 6983.) 

359. Extension of terms under act of 1911. The time for holding 
the election of Township Trustees and assessors shall be changed from 
the general election on the first Tuesday after the first Monday in 
November, 1912, to the general election on the first Tuesday after the 
first Monday in November, 1914; and at the general election on the 
first Tuesday after the first Monday in November of every fourth year 
thereafter. 

JUSTICES OF PEACE AND CONSTABLES. 

(Acts 1897, p. 64, Sec. 6984.) 

360. Time for holding election for justices of the peace and con- 
stables. The time of holding the election of justices of the peace, con- 
stables and such other officers of the township, as may be provided 
for by law, and the time when they shall enter upon the duties of their 
respective offices, shall remain as now fixed by law. See Section 358, 
this book. 

(Section 6985.) 

361. Township elections governed by general election law. The 
election of township officers shall be conducted under the provisions 
of the law governing said general election. 

(Section 6986.) 

362. Township ballots to be printed on yellow^ paper — Yellow bal- 
lot-boxes. The names of the different candidates for said township 
offices shall be printed on separate ballots of a yellow color and de- 
posited in separate ballot boxes from that of the state and county 
ballots; said ballot boxes shall be painted yellow and said ballot and 
ballot boxes shall be prepared in conformity with the law governing 
said general elections. 

(Acts 1881, S. p. 482, Sec. 6987.) 

363. Canvass of the vote — Inspector's duties. The board of judges 
shall count the votes given for each person for each office, and certify 
the result, and the inspector shall file one of the poll books and tally 
sheets, with ballots on a string, in the clerk's office of the county, with- 
in ten days after such election. If two or more have the highest and 
an equal number of votes for the same office, such judges shall, when 
the result is certified, determine by lot the person entitled to the office, 
and the next day, the inspectors shall make out and deliver to the per- 
son elected, when demanded, a certificate for each person elected to 



127 Township Trustees. §364 

any office in said township, except justice of the peace: Provided, 
That, if there be more than one precinct in said township, then the 
inspectors of the several precincts shall meet, on the day following the 
election, at the office of the Township Trustee, at as near ten o'clock 
a. m. as is practicable, and compare the poll books and certificates 
thereto held by them, and having aggregated the vote of the town- 
ship, declare and certify the result; and if two or more persons have 
the highest and an equal number of votes for the same office, they shall 
determine, by lot, which shall be declared elected, and give a certificate 
accordingly. 

ELECTIONS — TERM OF TRUSTEES. 

(Acts 1901, p. 415, Sec. 6989.) 

364. When term of Trustee begins. The terms of all Township 
Trustees and assessors shall begin on the first day of January succeed- 
ing their elections. 

364a. PRIMARY ELECTIONS. 

(Acts 1915, p. 359.) 
The primary election act of 1915 requires the trustee to post in 
three public places in each precinct of his township, copies of the 
notice of the holding of such election, which notice the law provides 
shall be mailed to the Trustee by the clerk of the circuit court, desig- 
nating in such notices the location of the polling booth in each precinct, 
the date of the primary and the hours during which polls will be 
open. 

FLOOD-GATES, PETITION, CONSTRUCTION, COST. 

(Acts 1903, p. 121, Sec. 6169.) 

365. Jurisdiction and duty of Trustee to construct. Whenever the 
lands drained by a ditch, which has its outlet in a stream or water- 
course, is so situated that the water from such stream or watercourse 
in high water will back up and through such ditch, and overfiow such 
lands drained thereby before such stream or watercourse overfiows its 
banks, it shall be the duty of the Township Trustee in any township 
where such ditches and watercourses and streams exist, upon the peti- 
tion of a majority of the persons owning lands benefited by said ditch, 
to build suitable and sufficient flood-gates at the outlet of such ditch or 
near enough thereto to prevent the water from said stream qr water- 
course flowing into said ditch and from said ditch to the low lands 
lying along the line thereof before the said stream or watercourse over- 
flows its banks: Provided, That cost thereof shall not exceed five 
per cent, of the assessed value of the property benefited. 

(Acts 1903, p. 121, Sec. 6170.) 

366. Remonstrance — Hearing by the Trustee. Upon the filing of 
such petition with the Trustee of such township, such Trustee shall 
cause to be posted in three conspicuous places in said township notices 
of the filing of such petition, and such notices shall state the time and 



§367 Township Trustees. 128 

place of the hearing of said petition, which notices shall be posted not 
less than ten days before the time of hearing, and upon the day 
set for the hearing he shall consider any remonstrance that may be 
filed, and shall determine whether such flood-gate shall b© constructed. 
In case he shall determine that it is of benefit to the owners of the 
lands along the line of such ditch, he shall order the fiood-gate to be 
constructed upon such plans as shall in his opinion be suflacient for 
the purpose. 

(Acts 1903, p. 121, Sec. 6171.) 

367. Trustee's further duties — Superintendent — Assessments. Such 
flood-gates shall be constructed under the supervision of said Township 
Trustee, and the cost thereof shall be assessed against the owners of 
the lands benefited by such ditch, and such land shall be assessed for 
the cost of the construction thereof in proportion to the actual bene- 
fits to the lands affected thereby. Such assessments shall be certified 
by said Trustee to the county auditor, who shall certify them to the 
treasurer of such county, and such treasurer shall proceed to collect 
the same as taxes are collected. 

(Acts 1903, p. 121, Sec. 6172.) 

368. Right of appeal to circuit court — ^Remonstrance. Any person 
aggrieved by the action of the Trustee in regard to the establishing of 
such floodgate, or refusing to establish the same, or by the assessment 
of the cost thereof, may remonstrate and appeal from the decision of 
such Trustee to the circuit court, and proceedings in regard to the same 
shall be controlled by the law regulating remonstrances and appeals in 
the law provided for the establishment of ditches. 

RATS — EXTERiVnNATION. 

(Acts 1913, p. 638, Sec. 7648J.) 

369. Rats — ^^Extermination — Teaching hygiene in schools. It shall 
be unlawful for any person, firm, copartnership, company or cor- 
poration owning, leasing, occupying, possessing or having charge of 
any land, place, building, structure, stacks or quantities of wood, hay, 
corn, wheat or other grains or materials, or any vessel or water craft, 
to permit the same to become rat infested, and it shall be the duty of 
any such person, firm, copartnership, company, or corporation, upon 
any knowledge or notice, to at once proceed and to continue in good 
faith to endeavor to exterminate and destroy such rats by poisoning, 
trapping and other appropriate means, such as may be suggested by 
the state board of health or the local health officers. And it shall be 
the duty of the Trustees of the several townships and the boards of 
School Trustees of the several cities and towns in the State, to make 
provisions in the public schools under their jurisdiction for the illus- 
trative teaching of the anatomy, physiology and hygiene of the human 
system; the effect of acoliol and nicotine; the cause and course of con- 
sumption; the dissemination of diseases by rats, flies and mosquitoes 
and the effects thereof, and the prevention of diseases by the proper 
selection and consumption of food. 



129 Township Trustees. §370 

FISH LADDERS. 

(Acts 1885, p. 51, Sec. 7442.) 

370. Law as to requirenient of fish ladders — Mill dams. Under act 
1885, it is required that all owners of mill dams over four feet in 
height shall construct and maintain fish ladders to allow fish below 
the dam to pass over into the waters above. 

(Section 7443.) 

371. When Trustee shall erect fish ladders. If the owners of such 
dam fail or refuse to comply with this requirement, it devolves upon 
the Township Trustee to construct and erect such ladder, in such man- 
ner and of such material as shall be directed by the commissioner of 
fish and game. 

Likewise, if any such fish ladder shall get out of repair, and 
such owner shall fail to repair same for 30 days, it becomes the duty 
of the Trustee to cause such repairs to be made, and collect the cost 
thereof from such owners. 

CANADA THISTLES. 

(Acts 1907, p. 50, Sec. 7812.) 

372. Duty of Trustee niion written notice of supervisor. Upon in- 
formation being given the road supervisor that Canada thistles to 
height of six inches are being allowed to grow upon the premises of 
any owner within his road district, it becomes his duty to enter upon 
the premises of such owner, and it being ascertained that such infor- 
mation is true, the road supervisor shall notify such owner, his agent 
or tenant, demanding that all of such Canada thistles be cut off below 
the surface of the ground, within five days. If at the end of such time 
such thistles have not been removed such supervisor shall report the 
matter, in writing, to his Township Trustee. 

It then becomes the duty of the Trustee, immediately upon receipt 
of the report of the road supervisor, to cause the reported thistles to 
be cut as herein provided; and shall assign this work and their removal 
to such road supervisor. 

Should the supervisor decline to do such work, the Trustee shall 
employ one resident of the township to perform such cutting and re- 
moval, and he may enter such lands for such purpose and shall not 
be deemed a trespasser. 

The Trustee, with the advice of the advisory board, shall pay for 
such work. When allowed it becomes the duty of the Trustee to file 
a claim therefor with the county auditor, who places such sum on the 
tax duplicate where it becomes a lien on the land as other taxes. 

The compensation for the person selected to do such work is fixed 
by the statute at 20 cents per hour for the time actually employed. He 
must file with the Trustee his itemized claim for such work. 



9—1843 



§373 Township Trustees. 130 

STATE FIRE MARSHAL. 

(Acts 1913, p. 556, Sec. 7441d.) 

373. Trustees act as assistant fire marshal. The act 1913, es- 
tablishing the office of state fire marshal, providing for the maintenance 
of his offices and defining his powers, provides, among other things, 
viz.: 

All municipal fire marshals in those municipalities having such 
officers, and, where no such officer exists, the chief of the fire depart- 
ment of every incorporated city or town in which a fire department 
is established, the clerk of. each incorporated town in which no fire 
department exists, and the Township Trustee of each township for 
the territory of said township lying outside of the corporate limits of 
any city or town, shall be, by virtue of said office so held by them, 
assistants to the state nre marshal and subject to the duties and obli- 
gations imposed by this act, and shall be subject to the directions of 
the state fire marshal in the execution of the provision hereof. Im- 
mediately upon taking office, the state fire marshal shall prepare in- 
structions to the assistants designated herein and forms for their use 
in the reports required by this act and cause them to be printed and 
sent, together with a copy of this act, to each such officer located in 
this State. 

(Section 744 le.) 

374. Duties of Trustee as assistant fire marshal— Report of fires. 

The assistants to the state fire marshal as defined in the preceding 
section shall investigate the cause, origin and circumstances of every 
fire occurring in any city or town or territory in any township lying 
outside the corporate limits of any city or town in this State, by which 
property has been destroyed or damaged, and, so far as it is possible, 
determine whether the fire was the result of carelessness or design. 
Such investigation shall be begun immediately upon the occurrence 
of such fire by the assistant in whose territory such fire has occurred, 
and if it appears to the officer making such investigation that such fire 
is of suspicious origin, the state fire marshal shall be immediately 
notified of such fact. Every fire occurring in this State shall be re- 
ported in writing to the state fire marshal within ten days after the 
occurrence of the same by the officer designated in section 4 of this 
act in whose jurisdiction such fire has occurred; such report shall be 
in the form prescribed by the state fire marshal and shall contain a 
statement of all facts relating to the cause and origin of such fire 
that can be ascertained, the extent of damage thereof and the insurance 
upon such property, and such other information as may be required. 



INDEX. 



TOWNSHIP TRUSTEES. 

A 

Abandonment — Section 

Of school district 233 

Temporarj^ discontinuance 235 

Accounting — 

By trustee — Forms prepared by state board of accounts 107 

By trustee to successor in office 21 

Accounts — 

Of trustee — Correction 98 

AcknoAv] edgment — 

Failure to acknowledge bond 14 

Of official bond 14 

Action — 

Against township — Service of process 105 

By and against township 8 

By trustee, for failure to pay or work on highway 303 

For expense of cutting and trimming hedge fence 344 

For negligent injury to tools by road supervisor 325 

To recover penalty for failure of supervisor to keep roads in 

repair 318 

Advertising — 

Form of 108 

Rates 108 

Advisory Board — 

Adjournment from day to day 50 

Administration of oaths 69 

Annual levy of taxes 7 7 

Appropriations for estimated expenditures — Itemized state- 
ment by trustee 73 

Board to purchase materials for highways and employ expert 

superintendents 296 

Certification of tax rate to county auditor 50 

Chairman and secretary of 50 

Contract for convict labor on roads 296 

Duty to consider and pass on trustee's report. ............ 69 

Election of — Time of 50 

Emergency for expenditure of sums not included in estimates 

and levy 77 

Examination of trustee's report 69 

Issual of funding bonds 106 

(131) 



132 Township Tkustees. 

Advisory Board (Continued) — Section 

Legal action of 50a 

Levy of library tax 113, 114, 118, 119, 120 

Of tax for townstiip funds 50a 

Meetings — Right of taxpayer to attend 75 

Meetings of 50 

Must attend sale of township bonds 77 

Notice of annual meeting — Cost of publication 74 

Number of members 50 

Ordering issuance of bonds for joint graded schoolhouse . ... 292 

Place of meeting — Quorum 50 

Power to require itemized estimate by trustee 73 

Powers and duties 50 

Present when trustee opens bids 62 

Providing place for entertainment and for teaching agricul- 
ture and domestic science 259 

Rate of taxation 50 

Record of action on trustee's report 69 

Of proceedings 50 

Recovery of unauthorized payments 77 

Rejection of bids 62 

Special meetings 77 

Tax levy for enlargement of library 117, 118, 119 

For soldiers' monument 127 

Term of office 49 

Township advisory board the board of finance 86 

Expenditures 50 

Trustee must attend meetings of. 73 

Vacancies, how filled 50 

Affidavits — 

Non-collusion affidavit 66 

Agricultural School — 

Establishment by township 259 

Issual of bonds for 260 

Anatomy — 

Teaching in public schools 369 

Annexed Territory — 

Liability of city or town for debts 245, 245a 

Schoolhouse in 244 

Annual fleeting — 

Of advisory board — Notice 74 

Anticipation — 

Of local tuition revenue 80 

Appeal — - 

By aggrieved poor person to county commissioners 172 

By trustee to whose township pauper has been sent 176 

From action of trustee in establishing or refusing to establish 

flood-gates 368 



Township Trustees. 133 

Appeal (Continued) — Section 

Appraisers to justice of the peace 308 

Assessment for repair to drains 334n 

Decision of trustee 27 

Refusal to transfer pupil 219 

Trustee to county superintendent as to location of high 

school 273 

Of suspended pupil to trustee 243 

Proceedings on appeal from assessment for repair to drains. . 334n 

Apportionment — 

Of school revenue 22 

Taxes by auditor 239 

Appraisal — 

Notice of time and place of meeting of appraisers 308 

Of school property on dissolution of board of trustees of in- 
corporated town 236 

Of value of property confiscated and used on highway 308 

On taking over school property by incorporated town 236 

Appropriations — 

By advisory board — Itemized statement by trustee of esti- 
mated expenditures 7 3 

For support of library 113 

Approval — 

Of trustee's bond 12 

Arbitrators— 

As to flood-gates — Compensation 349 

Disagreement of landowners as to construction of flood-gates 34 9 
Assessments — 

Against railroads for repair to drains 334o 

Appeal from assessment for repairs to drains 334n 

For cleaning drains — Record of 3 341 

For cleaning and repairing drains 334e 

For repair to drains, collected by trustee 334p 

Hearing objections to special assessments for repair of 

drains 3341, 334m 

Of cost of construction of flood-gates by township trustee. ... 367 

Omission of assessments for repairs to drains 334n 

On lands benefited by tile drains 334i, 3 34j 

Power to change assessment for repairs to drain 334m 

Proceedings for collection of assessment for repairs to drains. 334p 

Special assessment for cleaning drains 334k 

Time of payment of assessment for repairs to drains 3 34p 

Assessor — 

Collection of dog tax 130 

Failure of township assessor to collect dog tax or report de- 
linquent dog-owner 46 

Report of delinquent dog-owners 131 

When term of township assessor begins , 364 



134 Township Tktjstees. 

Asylum for Poor — Section 

Admission to 166 

Admittance of poor non-resident 174 

County asylum 157 

Removal of paupers to 182 

Attendance Officer — 

Furnishing postage and blanks to 212 

Trustee furnishing names of children 212 

Attorney — 

Employment to defend township . 105 

Attorney's fees — 

For recovery of penalty for injury to drain or obstruction of 

highway 317 

For recovery of sums unlawfully paid 77 

Auditor — 

See county auditor 71 

Of county fixes and approves bond of trustee 10 

B 

Benevolent Institutions — 

Admission to 154, 155 

RenwDA^al of pupils , 154 

Bequests — 

Acceptance by township library board 121 

Bids — 

Consideration and rejection of 62 

For cleaning and repairing drains 334d 

For improvement of highways and bridges 51 

For repairs to schoolhouses 56 

Indorsement by trustee as rejected or accepted 62 

Non-collusion affidavit and bond 66 

Open meeting for reception of bids. 63 

Presentation of . 62 

Receiving and opening 62 

Time and place of receiving 60 

Time of awarding bids for cleaning or repairing of drains. . .334d 

Time of submission of 63 

Blind Institute — 

Admission or removal of pupils 154 

Board of control — 

Joint high school .* 276 

Board of education — 

See county board of education. 
Board of finance — 

Consists of township advisory board 86 

Selection of depositories 90 

Special meetings • • 90 

Time of designating depositories 90 



Township Trustees. 135 

Board of health — Section 

See State board of health. 
Trustee to keep supply of application blanks, furnished by 

board of health 185 

Board of school trustees — 

In incorporated towns — Dissolution of — Conveyance of prop- 
erty 236 

Boards — 

See county commissioners. 

Advisory board — Term of office 49 

Bond — 

Acknowledgment of , 14 

Amount and conditions of trustees bond 10a 

Anticipating revenue — Interest 199 

Executed by surety companies 15 

Failure of trustee to give 13 

Filed with county auditor 11, 12 

For agricultural and domestic science school 260 

For erection and maintenance of joint graded school 292 

Indorsement of approval 12 

Interest on bonds for joint graded schoolhouse 292 

Issual of funding bonds 106 

Issue of school bonds in anticipation of revenue 198 

Of contractor 66 

Of petitioners for transfer of property from civil to school 

township 142a 

Of road supervisor 297 

On appeal from appraisers to justice of the peace 308 

Record of 199 

Surety on official bond — Premium 10a 

Bonds, township — 

Advertising sale of : 77 

Township advisory board must attend sale of 77 

Bond of trustee — 

Approval by county auditor 10 

Books — 

See records. 

Examination of trustee's books by state board of accounts. . . 103 

Official record of township offices open to inspection of county 

superintendent 151 

Borrowing — 

Authority of trustee to borrow money 78 

Boundaries — 

Of townships 5, 6 

Record of 6 

Boundary line- 
Work on road located on 326 

Boundary line fence^ — 
See partition fences. 



136 Township Trustees. 

Bridges — Section 

Aid by township in construction of 331 

Building or repairing by township 332 

Contracts for repair 51 

Cost of repairs 295 

Erection and repair of, by townsliip 311 

Liability for work or materials furnished bridge, or for per- 
sonal injuries 331 

Materials for 54 

Over drains — Construction of . . 311a 

Payment for erection or repair out of township road fund — 

$100-law 58 

Penalty for injury to or obstruction of 317 

Repairs — Letting work to lowest responsible bidder 316 

BuildiJigs — 

Conveyance by civil to school township 142a 

For agriculture and domestic science — Bonds for 260 

For agriculture and domestic science instruction — -Equipment 261 

Providing school and other public buildings with fire escapes. 32 

Tendering use of, for school purposes, without charge 283 

Buildings, public — 

Contracts for — Withholding full payment 122 

Burial — 

Allowance to trustee for burial of soldiers 126 

Of deceased poor 180 

Of ex-union soldiers and their widows 125 

Of honorably discharged soldier, sailor or marine and their 

wives and widows 125 

Of poor persons 157 

Records of burials of soldiers and their wives and widows. . . 12 6 

Report by trustee to county commissioners 126 

Business — 

Notice of time of transacting official business 23 

c 

Canadian thistles — 

Duty to cut 372 

Cash book — 

Duty to keep 85 

Public record 85 

Cemeteries — 

Care and maintenance by township trustee 354 

Donation for cemetery fund 354a 

Duty of township trustee as to abandoned cemeteries 353 

Loan of cemetery fund 354a 

Located on boundary line of county or township 354a 

Certificate — 

Deficiency in school tuition fund 206 



Township Trustees. 137 

Chai'ity organization — Section 
Co-operation of township trustee 167 

Checks — 

On depository — How signed . .92, 94a, 94b 

Children — 

See Poor Children. 

Transfer of pupils 215 

City- 
Annexation of territory containing schoolhouse — Liability for 

debts 245, 245a 

Annexed territory containing schoolhouse 244 

Joint high school with township 274 

Statement of cost of maintenance of joint high school 277 

Civil toTVTQship — 

See township trustee. 
See trustee. 

Conveyance to school township 142a 

Trustee of 9 

Claims — 

For fowls killed by 133 

For sheep or other animals killed by dogs 133 

Presenting or receiving payment of false claim 45 

Clerk — 

To trustee — Compensation 73 

Compensation — 

For removal of obstructions from highway 309 

Of trustee for overseeing work of cleaning and repairing 

drains 334r 

Compulsory education — 

In correctional schools 224 

Condemnation — 

Of gravel pits 330 

Confiscation — 

Of property for use on highway 308 

Consolidation — 

Of school districts 234 

Constables — 

Certificate of election 17 

Time of election 360 

Contractor — 

Bond and non-collusion affidavit 66 

Withholding full payment 122 

Contracts — 

Av/arding contracts for cleaning and repairing drains 334e 

By and with township 8 

Can embrace only one class of work 65 

For public buildings 122 



138 Township Trustees. 

Contracts (Continued) — Section 

Work — When void 63, 64 

Notice of letting — Posting notices 60 

On accepted bid 65 

Relating to school lands — Power of trustee 144 

Unlawful interest of trustee in public contracts 38 

Conveyance — 

Bj^ civil township to school township 142a 

By trustee to town or city — Annexed territory 244 

Convicts — 

Working on highways 296 

Correctional schools — 

Compulsory education in 224 

Transfer of pupils to — Certificate of transfer 224 

Cost — 

Apportionment of cost of building partition fence 349 

Certifying cost of repair to drain 334j 

In action for animals killed by dogs 133 

In proceeding to obtain site for schoolhouse 247 

Of appeal from assessment for repair to drains 334n 

Of collection of assessment for repairs to drains 334p 

Of removing obstructions from drains 334g 

Of suit by trustee for injury to drain, dam, or bridge, or ob- 
struction of highway 318 

Of transfer of property from civil to school township 142a 

County asylum — 

Removal of paupers to 182 

County auditor — 

Duty to examine trustee's report 71 

Keep account as to poor persons . 183 

Keep debits and credits with each civil township 183 

Take notice of surplus tuition fund 79 

Piling bond with 11 

Fixes and approves bond of trustee 10 

Notice to township trustee of change, vacation, or establish- 
ment of new road 294 

Report to advisory board on examination of trustee's report. 71 
County commissioners of aid furnished poor. 183 

Comnty attendance officer — 

Elected by county board of education 153 

County board of education — 

Care and management of township libraries 112 

Change in text books 152 

Duties of 152 

Elects county attendance officer 153 

Makes rules for township libraries 152 

Meetings of 152 

Quorum of 152 

Who compose 152 



Township Trustees. 139 

County Commissioners — Section 

Laying off townships, boundaries 5 

Order abolishing township library 115 

County seat — 

Removal — Court house and jail bonds 124 

Expense 124 

Levy of "court house and jail tax" - 123 

County superintendents — 

Appeals to and from decisions of trustee — Decision final. ... 27 

Extension of term 149 

How elected 148, 149 

Order for removal and relocation of schoolhouse — Prerequi- 
sites 230, 231 

Qualifications 150 

Right to inspect oflacial record and dockets of township offices 151 

Suit to recover school moneys 151 

Time and place of election 148, 149 

Vacancy — How filled 15 

When to take enumeration 213 

Court house and jail bonds — 

Rate of interest . 124 

Sold for not less than par 124 

Ctilverts — 

Erection and repair of, by township 311 

Materials for 54 

D 

Damages — 

Assessments of damages for confiscated property used on 

highways 308 

For negligence of contractor in cleaning or repairing drains. 3 3 4e 
Payment of damages for confiscated property used on high- 
way 308 

To land resulting from drain 334k 

To schoolhouse or furniture while occupied as meeting place. 254 

Deaf and dumb institute- 
Admission or removal of pupils 154 

Death — 

Of trustee — Delivery of books, etc., to successor 18 

Debt- 
See indebtedness. 

Decision — 

Appeal from decision of trustee 27 

Deficiency — 

In tuition, for school purposes 20 6 

Dependent children — 

Education of 223 



140 Township Trustees. 

Depository — Section 

Bond of 88 

Bonds or securities 91 

Character of security required 89 

Checks on — How signed 92 

Location of 93 

Loss of deposit 95 

Moneys to be deposited witli 3 34p 

Monthly statements by 92 

Number of 93 

Qualification of , 88 

Rate of interest to be paid by 91 

Selection of by board of finance . . 90 

Value and validity of security offered 89 

Withdrawal of funds deposited 334p 

Deposits — 

Amount in one depository 93 

Application of interest arising from 91 

Failure of trustee to make 94b 

Loss of 9 5 

Of public moneys 86 

Time of making 94a 

Verified statement of trustee as to funds deposited 87 

Directors — 

See school directors. 

Diseases — 

Causes and prevention of, taught in public schools 369 

Prevention of contagious and infectious diseases. .., 188 

Disinfecting — 

Schoolhouses 189 

Dissolution — 

Of board of trustees in incorporated towns^ — ^Conveyance of 

property to township 236, 237 

Ditches — 

Drainage, see. 
Dividing — 

Townships 5 

Dog fund — 

County fund 134 

Five per cent, of surplus goes to hydrophobia fund 135 

Report by trustee to county auditor 134 

Surplus goes to school fund 134 

Township fund — Surplus over $100 134 

Dogs — 

Claims for fowls killed by 133 

Claims for sheep or other animals killed by dogs 133 

Collection of dog tax and report of delinquent owners 46 

Costs in action for damages for animals killed 133 



TownshipjTrustees. 141 

Dogs (Continued) — Section 

False statement to assessor by owner of dogs 47 

Penalty for false claim for damages 133 

Registry of losses of animals killed by dogs 134 

Time of filing claim for damages 133 

Dog tax — 

Acquiring dog after report of township assessor 131 

How collected and to whom paid 130 

Purpose of fund derived from 132 

Domestic science school — 

Establishment by township 259 

Issual of bonds for 260 

Donations — 

Acceptance by township library board 121 

Drains — 

Allotting portions of drains to persons whose lands are as- 
sessed for repairs or cleaning of drains 344e 

Assessments for cleaning and repairing drains 334e 

Repair to drains, collected by trustee 334p 

Assessment of railroads for repair to drains 334o 

Lands benefited by repairs to tile drains 334i, 334j 

Awarding contracts for cleaning and repairing drains 334e 

Causing damage to land 334k 

Certifying cost of repair to drain 3 34j 

Cleaning and repairing drains 33 4a 

Affecting lands in adjoining toAvnship 3 34r 

Bond of contractor 334e 

By township trustee 3 34b 

Liability of contractor on bond 334e 

Township trustee to oversee work 334f 

Cleaning drains — By whom 334k 

Cleaning ditches — Advertising for bids 3 34d 

Compensation of surveyor employed by trustee .334c 

Construction of bridges over 311a 

Contracts for cleaning and repairing drains 3 34e 

Cost of removing obstructions from drains 334g, 334h 

Repairing joint drain 341a 

Credit for blind ditch 334q 

Dividing ditches into groups for purpose of cleaning and re- 
pairing 3 34b 

Duty of township trustee to remove shrubbery, trees and 

weeds from banks of open drains 334h 

Emergency fund for repairs 334j 

Levy for emergency repair fund 334k 

Marks or monuments at place of beginning and ending of 

limits of allotments 3 34e 

Notice to repair joint drain 341a 

Obstruction of drains by cattle — Liability of owner of cattle. 34 
Omission of assessments for repairs to drain 334m 



142 Township Teustees. 

Drains (Continued) — Section 

Penalty for failure of trustee to have cleaning and repair 

work on drains done in accordance with the statute. . . .334f 

Injury to * 3 1 7 

Posting notices of time and place of letting contract for clean- 
ing and repairing drains 334d 

Power to change assessment for repairs to drains 334m 

Preference in letting contracts for cleaning and repair of 

drains 334e 

Proceedings for collection of assessments for repair to 

drains 334p 

Remonstrance to petition for flood-gates. 336 

Removing obstructions from drain 334g, 334h 

Repairs — Employment of surveyor by township trustee. .' . . .334c 

Joint drain by trustee 341a 

Tile drains by trustee. 334i, 341 

Special assessment for cleaning drains 334k 

Time of completing preliminary work 334c 

Completion of work of cleaning or repairing drains 334e 

Township act of 1915 334a 

Township liable for benefits arising from ditch 333 

Township trustee has supervision of drains 334a 

Use of road funds to repair tile drains 341 

When ditches shall be cleaned and repaired 334b 

When duty of township to construct flood-gates 365 

. E - 

Elections — 

See primary elections. 

As to sale of school lands 145, 147 

Canvass of votes for township officers 363 

Certificates of 16 

Constable 17 

Change in time of holding township elections 358 

Duty of inspector at township election 363 

Election board 297 

Form of ballot, as to joint graded school 290 

For road supervisors, ballots 297 

Judges and their qualifications 355 

Keeping separate tally papers for township elections 357 

Meals for election officers 356 

Of advisory board 50 

Of road supervisors 297 

Of school directors 240 

Opening polls 355 

Payment for meals for election officers 356 

Penalty for perpetrating fraud at .40, 41, 42, 43, 44 

Procedure when more than one precinct in township 363 

Removal of judges of elections 355 



Township Trustees. 143 

Elections (Continued) — Section 

Road supervisors — Time of closing polls. . 297 

Separate ballot boxes for township ballots 362 

Submission of question of joint graded school- — Mode of 

election 289 

To determine as to public aid to railroad 137, 138 

Township ballots printed on yellow paper 362 

Township elections governed by general law 361 

Township trustee inspector of 355 

Vote on question of township library 120 

Eligibility — 

To office of trustee 7 

Embezzlement — 

Diversion or misuse of funds by trustee 34 

Failure of trustee to account for and turn over money and 

school books 205 

To account to or pay over money to his successor 3 3 

Failure to account and pay over money 4 8 

Make deposit or drawing illegal check 94b 

Emergency fund — 

Duty of trustee to establish for repair of roads 320 

Eminent domain — 

Condemnation of gravel pits 330 

Obtaining site for schoolhouse 246 

Enumeration — 

Compensation for taking 128, 213 

Employment of person to take 213 

Filing with county superintendent 214 

How and when made 128 

List to county auditor 128 

Made by county superintendent on failure of township trustee 213 

Oath of enumerator 210 

Of school children 210 

Penalty for failure to perform duty 128 

Removal of assistant enumerators 12 8 

Return by trustee under oath 128 

To be taken by trustee or by assistants 128, 

When may be taken 214 

Enumerator- 
Compensation of 210 

Duties of 210, 211 

Power to administer oath or affirmation 211 

Examination — 

Special examination of teacher 268 

Exemption — 

From work on highways 301, 302 

Extortion — 

Receivijig illegal fees 35 



144 Township Trustees. 

F 



Section 

Payable to trustee 30 

Penalty for receiving illegal fees 35 

Time of payment to trustee 30 

Fences — 

See hedge fences. 
See partition fences. 

Filing — 

Bond with county auditor 11 

Financial record — 

Duty of trustee to keep 2 6 

Fine — 

See penalties. 
Fire escapes — 

On school and other public buildings. 32 

Fire marshal — 

See State Fire Marshal. 

Trustees act as assistant state fire marshals 373 

Fish — 

Duty to construct and maintain fish ladders 370 

Repair of fish ladders 37 

When duty of trustee to construct fish ladders 370 

Flag — 

School trustee to provide and display.'. 192 

Penalty for mutilating United States flag 193 

Flood-gates — 

Appeal from decision of trustee establishing or refusing to es- 
tablish flood-gates 368 

Apportionment of cost of construction 349 

As a part of partition fence 349 

Assessment against owners of land of cost of construction by 

trustee 367 

Construction by township trustee 349 

Cost of construction by township trustee to be collected by 

county treasurer as taxes 367 

Remonstrance to petition for 366 

When duty of township trustee to construct 365, 367 

Forfeiture — 

Failure of trustee to file copy of report and vouchers with 

county auditor 7 

Of right to work on roads 315 

Of wages for failure of teacher to attend institute. 269 

Forms — 

For accounting, prescribed by the State Board of Accounts. . 107 



Township Trustees. 145 

Funds — Section 

Embezzlement of 33, 34 

Township indebtedness 106 

Trustee to establish an emergency road fund 320 

Furniture — 

Purchase of school furniture by trustee 52 

Gates — (jr 

See Flood-gates. 
Gifts — 

Acceptance by township library board 121 

Gravel pits — 

Condemnation of, by county commissioners 330 

Gravel road fund — 

Use of surplus .100, 101 

H 

Hedge fences — 

Duty to trim annually 342 

On township lin-e' — When to be trimmed by township trustee 34 3 

Petition for planting hedge fence along highway 346 

Suit for expense of trimming and cutting 344 

High school — 

See township high school. 

Board of control of joint high school 27 6 

Contract of township or town with city as to accommodation 

in joint high school 276 

Establishment of township high school 271 

Joint high schools between township and city or incorporated 

town 274 

Joint township high schools 275a 

Supplemental act, as to establishment and mainten.ance of 

township high schools 280 

High school district — 

Formation of 275 

Joint high school 274, 275 

Highways — 

See road districts. 

Abutting owners to cut and destroy weeds, briars, etc., on 

highway 297a 

Act 1913 repeals all laws in conflict therewith 329 

All road moneys to be paid to township trustee 322 

Benefits to, by construction of drain 311b 

Cash payment instead of work on 302 

Certificate of excess of work performed 307 

Change or vacation of . . . 293 

Change, vacation, or establishing new highway, and jurisdic- 
tion of county commissioners 294 

10—4843 



146 Township Tkustees. 

Highways (Continued) — Section 

Compensation for removal of obstructions 309 

Condemnation of gravel pits 330 

Contracts for improvement and repair 51 

Convicts work on 296 

Definition of township road 328 

Duty of road supervisor to keep roads in repair 306 

Election of road supervisors — Number of 297 

Employment of additional labor — Compensation 306 

Persons to work on 302 

Exemption from work on 301 

Expenditure of emergency mail route fund 313 

Failure of abutting landowners to cut and destroy weeds, 

briars, etc 297a 

Piling receipts for road work with county treasurer 314 

Forfeiture of right to work on roads 315 

How work on district boundary line is to be performed. ... 326 
Improvements by donation by citizens — Contribution by town- 
ship trustee 320 

Levy of road tax — Time of 314 

Liability of resident for failure to pay or work on highway — 

Suit by trustee 303 

I Notice to road supervisor of new road, or change in road. ... 294 

Opening new highway — Removal of timber 310 

Penalty for knowingly receiving inferior work 327 

Obstruction of 31*7 

Permission tO' work out $20.00 of road tax 314 

Persons exempt from work on 298 

Persons required to work on , 298 

Preference in repairs given to mail routes 312, 320 

Purchase of materials and employment of expert superin- 
tendents 296 

Refusal of person called to work . 306 

Removal of obstruction from 309 

Repairs — Letting work to lowest responsible bidder 316 

Road districts 297 

Road moneys to be paid to township trustee . 322 

To be used only for road purposes 322 

Road supervisor, requiring work on 298 

Time of performing work on 298 

Township trustee to provide tools and implements for road 

districts 319 

Trustee to determine improvements to be made 320 

Use made of timber removed from new highway 310 

Work on, by substitute 304 

Faithful performance of labor 305 

Roads located on state line 326 

What constitutes a day's work 804 

With team 299 

Work under charge of supervisors 297 



Township Trustees. 147 

Holidays— Section 

Half-holidays for public officers 24 

Hospitals — 

Admission of non-resident to county hospital 184 

Tuberculosis patients 184 

Establishment by county commissioners 184 

Investigation by trustee, of circumstances of patient 184 

Patient from another county — Compensation 184 

Hydrophobia fund — 

From surplus dog fund 135 

Surplus goes to school fund 135 

Hygiene — 

Teaching in public schools 369 

I 

Imprisonment — 

• See penalties. 

Improvements — 

Letting contracts for 51 

Incorporated town — 

Annexation of territory containing schoolhouse — Liability for 

debts 245, 245a 

Joint high school with township 274 

Right of attendance at schools 238 

Tendering use of school building without charge 283 

When schools are controlled by township trustee . 238 

Indebtedness — 

Can be created only by advisory board 77 

Funding township indebtedness 106 

Levy of special tax for indebtedness 84 

Liability for, on annexation of territory containing school- 
house 245, 245a 

Limitation of 3 

Time of payment of township indebtedness 50 

Indianapolis schools — 

Transfer of pupils to — When tuition reduced 221 

Injuries, personal — 

Liability of township for. 331 

Insane hospitals — 

Admission to 154 

Inspection — 

Correction of accounts of trustee 98 

Of books and accounts of trustee 9 6, 97 

Records and books of trustee 102 

Inspectors — 

Certificates of election , 16 



148 Township Trustees. 

Institute — Section 

Adjournment of schools to permit teachers to attend institute 27 

Forfeiture of wages for failure to attend 269 

Requirement of attendance by teachers 269 

Interestr— 

Accruing from deposit — Application of 91 

Credited monthly by depository 92 

On bonds for joint graded schoolhouse 292 

On funding bonds 106 

On money deposited 334p 

On school bonds , 199 

Iiitoxicating liquors — 

Expenses of local option election 110 

License fees 109 

Return of license fee 109 

Intoxication — 

Of officer during business hours 3 7 

J 

Janitors — 

Trustee providing janitor help 191 

Joint Drain — 

Repair of . 341a 

Joint graded schools- 
Care and management by trustees of municipal corporations. 285 

Control and management 291 

Cost of construction of schoolhouse 292 

Election — Form of ballot 290 

Employment of teachers 291 

Establishment of 285 

Issuance of bonds by school corporations 292 

Township warrants for construction and maintenance of 

schoolhouse 292 

Levy of tax to meet cost df schoolhouse. 292 

Ownership of property 291 

Submission of question to voters. . 289 

Title to property 285 

Joint high school^ — 

Apportionment of cost of maintenance 277 

Between township and city or corporated town 274 

Board of control 276 

Contract of township or town with school officers of city as to 

accommodations for pupils 276 

Funds not to be diverted 278 

Statement by city of cost of maintenance 277 

Supplemental act, as to establishment and maintenance 280 

Withdrawal of township — Interest in property 279 



Township Trustees. 149 

Joint school district — Section 

Apportionment of expense of establishing joint district school 287 

Duty of trustee when funds are insufficient 288 

Expense of establishing 282 

How controlled 282 

Joint schoolhouse — 

Apportionment of expense of maintaining 2 84 

By two or more townships or counties 286 

Joint township high schools — 

When may be established 275a 

Justice of the jjeace — 

Payment of docket fees to trustee 80 

Quarterly settlements with trustee 31 

Supplies to be furnished by trustee 7 3 

Time of election 360 



L 

Lands — 

See school lands. 

Lease — 

Of school lands 14 3 

Levy of tax — 

For construction of sanitary school buildings 81 

For enlargement of library 117, 118, 119 

For payment of interest on funding bonds and for sinking 

fund 106 

To reimburse county for aid to poor 183 

Librai'ies — 

Joinder of township and city or town in support of 113 

Order of county commissioners abolishing township library. , 115 

Selling library card 113 

Township donation libraries 117 

Libraries in charge of trustee Ill 

Trustee ex-officio office of donation library 116 

Two or more townships uniting to maintain public library. . . 121 

Library Board — 

Township free library 121 

License fees — 

Sale of liquors 109 

Local Option — 

Auditor's statement of expense of election 110 

Expenses of election 110 



150 Township Trustees. 

■ M 

Machinery — Section 

For roads 54 

Mail routes — 

Emergency for repair of 320 

Expenditure of emergency fund 313 

Fund for repair of , 312 

Preference given to, in repair of liigliways 312 

Marshal- 
See State fire marshal. 

Materials — 

For bridges and culverts 54 

Meals — 

For election officers — Payment for 356 

Medical aid — 

For poor persons , 159 

Meetings — 

Holding in schoolhouse 251 

In schoolhouses^ — Charge for 253 

Free light, heat and janitor service 252 

Responsibility for damages to schoolhouse or furniture. . . . 254 
Special meeting of advisory board called by township trustee 

or chairman of board 77 

Money — 

Belonging to township 25, 26 

Monument — 

Appropriation for soldiers' monuments 127 

N 

Negligence — 

Of road supervisor, resulting in injury to tools 325 

Newspapers — 

Publication of notice in 104, 104a 

Non-resident — 

Liable to become public charge — -Proceeding by trustee 175 

Removal when liable to become public charge 175 

Trustee furnishing transportation for 169 

Notice — 

By trustee of days set apart for official business 23 

Duty of road supervisor to give notice to hands . 315 

Of annual meeting of advisory board — Cost of publication. . . 74 

Of appeal from appraisers to justice of the peace 308 

Of election of road supervisors 297 

Of filing Of petition for transfer of property from civil to 

school township 14 2a 

Of filling vacancy of county superintendent 150 

Of hearing objections to special assessments for removal of 

obstructions to drains 334m 



Township Tkustees. 151 

Notice (Continued) — ' Section 

Of holding primary elections . 364a 

Of receiving bids for repair of highways and bridges 51 

Of sale of township property. 142 

Of submission of question as to joint graded school 289 

Of time and place of meeting of appraisers of property con- 
fiscated and used on highway 308 

Of receiving bids 60 

Of transfer to orphans' home or other custodial institution. . . 223 

On failure to build partition fence 349 

Posting notices of letting contracts 60 

For cleaning and repairing ditches 334d 

Publication in newspapers 61, 104, 104a 

Statement of notice of annual meeting of advisory board. ... 74 
To township trustee, of change, vacation, or establishment of 

new highway 294 

To trim hedge fence 34 3 

To trustee to produce books and papers for inspection 97 

Number — 

Of townships 5 

o 

Oath — 

Administered by member of advisory board 69 

Trustee 25, 67 

Power of trustee to administer 321, 334m 

School officers empowered to administer 200 

Objections — 

To special assessments for repair of drains 3 341, 334m 

Obstructions — 

Compensation for removal of 309 

Cost of removing obstructions from drains 334g 

In highways — Removal 309 

Of drain by cattle — Liability of owner of cattle 340 

Penalty for obstruction of highway 317 

Office — 

Tenure of 4 

Township, where kept 2 

Officers — 

Certificates of election 16 

Half holidays 24 

Intoxication during business hours. ., 37 

Of donation library 116 

Orders — 

County superintendent's order of removal — Prerequisites... 231 

Orphans' home — 

Admission to 155 

Certificate of transfer 223 

Transfer of pupils to 223 



152 Township Trustees. 

p 

Partition fences — Section 

Across stream or ditch — Flood-gates 849 

Apportionment of cost of flood-gate 349 

Building by township trustee — Apportionment of cost 349 

By whom built — When by township trustee 348 

Compensation of trustee for building 350 

For building placed on tax duplicate 350 

Construction by trustee — No personal liability 351 

Of flood-gates by township trustee , 349 

Deflnition — Maintenance and repair 347 

Duty of trustee upon completion of construction or repair of. 350 

Land to which statute does not apply 352 

Material to be used and mode of construction 349 

Notice on failure to build 349 

When drain or stream forms boundary . 349 

When on township line 349 

Paupers — 

Number and names of in statement by trustee 73 

Removal to county asylum 182 

Payments — 

By issual of school corporation warrants 278 

Recovery of unlawful payment from public funds 77 

Penalty — 

Failure of abutting land owners to cut and destroy weeds, 

briars, etc., on highway 297a 

Of enumerator to perform duty 128 

Of road supervisor to keep highway in repair 318 

Of township trustee to have cleaning and repair work on 

drains done in accordance with the statute 334f, 334h 

Of trustee to account and pay over money. . . .33, 48, 107, 205 
Of trustee to bring suit against persons failing to pay or 

work on highway 303 

Of trustee to make deposit 94b 

Of trustee to perform duty 36 

Of trustee to publish receipts and expenditures 72 

To collect dog tax or report delinquent dog owners 46 

To keep mail routes in proper repair 312 

To perform duty of trimming hedge fence 345 

To qualify and serve as trustee 19 

False statement of damages for stock killed by dogs 133 

To assessor by owner of dog 47 

For embezzlement by trustee 34 

For injury to drain, or obstruction to highway or bridge. ... 317 

For issuing false receipt for work on highway 300 

For knowingly receiving inferior work on highway 327 

For mutilation of .United States flag 193 

For neglect to clean schoolhouses 189 

For paying less than minimum wage 267 



Township Teustees. 153 

Penalty (Continued) — Section 

For unlawful removal of schoolhouse . 232 

For violation of poor laws 170 

Intoxication of officer during business hours 37 

' Neglect of duty of trustee 20 

Perpetrating fraud at election 40, 41, 42, 43, 44 

Presenting for payment a false or fraudulent claim 45 

Receiving illegal fees 35 

Receiving payment of false claim 45 

Refusal to pay just claim . ., 39 

Unlawful interest of trustee in public contracts .38 

Perjury — 

Of enumerator .• 128 

Personal injuries — 

Liability of township for 331 

Petition — 

For agricultural and domestic science school 259 

For construction of flood-gates 365 

For joint graded school 289 

School district 281 

Schoolhouse, by two or more townships or counties 286 

Township high school 275a 

For transfer of property from civil to school township 142a 

Physician — 

See school physician. 

Physiology — 

Teaching in the public schools 369 

Plans and specifications — 

For repair work on bridges 57 

For schoolhouses 55 

Poor asylum — 

See county asylum 157 

Admission to . ., 166 

Admittance of poor non-resident 174 

Removal of paupers to 182 

Poor children — 

Binding out 181 

Furnishing with school books 201 

Trustee's duty to 181 

Poor j)ersons — 

Ability to labor 161 

Admission to asylum — Compelled to work '. 166 

Aid — Authority of county commissioners 163 

By township trustee in securing employment 167 

Amount of relief by trustee 165 

Appeal by aggrieved poor person to county commissioners. . . 172 

Burial by trustee 180 



154 Township Trustees. 

Poor persons (Continued) — ^ Section 

Burial of T 157 

County asylum for 157 

Failure of trustee to furnish relief — iVppeal to county com- 
missioners 172 

Investigation by trustee 160, 161 

Legal settlement in township 177 

What constitutes 158 

Limitation as to amount 163 

Prerequisites to granting relief by trustee 166 

Relief over amount of $15.00 164 

Removal by judgment of justice of the peace 177 

Of non-resident liable to become public charge 175 

To county asylum 182 

Supplied with antitoxine by trustee 185 

Temporary aid 162 

Temporary relief to non-resident sick or person in distress . . . 

168, 180 

Township to reimburse county for aid furnished poor. 183 

Township trustee overseer of 156 

Trustee to keep record of aid furnished 171 

Uncertainty as to legal residence 173 

Premium — 

Of surety company's bond, how paid 10a 

Primary elections — 

Notice of holding primary 364a 

Private schools — 

Report to trustee 249 

Use of schoolhouse for 249 

Property- 
See township property 52 

Sale of township property . 142 

Public aid — 

Limitation of, to railroads 139 

To railroad . ., 136, 137 

Publication — 

See notice. 

Cost of publishing report of receipts and expenditures of 

trustee 72 

Of notice in daily or weekly newspaper ..61, 104 

Of annual meeting of advisory board 74 

Of election as to joint graded school 289 

Of letting contracts 60, 104 

Of petition to transfer property from civil to school town- 
ship 142a 

Of receipts and expenditures of trustee 72, 104 



Township Trustees. 155 

Pupils — Section 

See school children. 

Admission to institute for the blind or the deaf and dumb. . . 154 

Appeal from refusal to transfer. 219 

Of suspended pupil 243 

In incorporated town — Right of attendance 238 

Settlements for transfers 220 

Time of payment of tuition for transfer 218 

Transfer of 215 

To adjoining county — Release from special school tax. ... 222 

To Indianapolis schools — When tuition reduced 221 

To schools of another state 216 

Transportation — How expenses to be paid 227 

Kind of conveyances 227 

To centralized school 226 

To school 226, 227 

Tuition for transferred pupils 217 

On transfer to orphans' home 225 

R 

Raili'oads — 

Assessment for repairs to drains 334o 

Limitation of public aid 139 

Procedure for public aid 137 

Public aid tax 138 

Public aid to 136 

Rats — 

Duty to exterminate. 369 

Record — 

Duty of trustee to keep financial record 26 

Kept by trustees 22 

Of aid furnished to poor person 171 

Of boundaries and alterations of boundaries 6 

Of contract of employment of teacher 265 

Of official proceedings by trustee 25 

Of proceedings to sell school lands 146 

Of township offices open to inspection by county superintend- 
ent 151 

Redemption — 

Of road receipts , 314a 

Reimbursement — 

By state of money paid by township, town or school city to 

vocational school 258 

Of county by township for aid furnished poor 183 

Remonstrance — 

To petition for flood-gates 366 



156 Township Trustees. 

Removal — Section 
Of trustee from township 18 

Repairs — 

Contracts for repair of highways and bridges 51 

Cost and responsibility for repairs on bridges 295 

Levy for emergency repair fund for drains 334k 

Of bridges and highways — Payment for work 316 

Of drains . . . . 334a, 334b 

Affecting lands in adjoining township 334r 

Of highways and bridges — Letting to lowest responsible bid- 
der 316 

Of schoolhouses 56 

Of tile drains by trustee 341 

On bridges — Plans and specifications 57 

Petition for repairs to schoolhouse 241 

Preference given to mail routes 320 

Time of repairing and cleaning ditches 334b 

To fish ladders 370 

Report — 

Annual report of trustee to advisory board 67 

By road supervisor to township trustee 323 

By trustee as to poor children bound out 181 

Of annual income from school lands 143 

Of county auditor of aid furnished poor 183 

On examination of trustee's report 71 

Of road supervisor to be audited by township trustee 324 

Of trustee a public record 69 

As assistant state fire marshal 374 

Statistical report of school trustee 196 

Verified statement in annual report as to services rendered. . 68 

Resignation — 

Of trustee, filed with county auditor 28 

Revenue^^ — 

See special school revenue. 

Anticipating local tuition revenue . 80 

School revenue, how expended 22 

Special school revenue 82 

Road districts — 

Change of, by trustee 297 

Trustee to purchase tools and implements for 319 

"Working road on district boundary line 326 

Road funds — 

Township road fund 142 

Transfer of surplus to special school fund 76 

Use of, for repairing tile drains 341 

Road moneys — 

To be paid to township trustee 322 



Township Trustees. 157 

Road receipts — Section 

Filing witli county treasurer 314a 

Redemption by trustee 314a 

Roads — 

See highways. 

Definition of township road 328 

Machinery for 54 

Road supervisors — 

Annual report to trustee 323 

Compensation 297 

Duty as to Canadian thistles 372 

To give notice to hands 315 

To keep roads in repair. 306 

To turn over money, books and papers to successor in office 319 

Election of — Election board 297 

Employment of additional labor 306 

Of persons to work on highways 302 

Failure to keep highway in repair — Penalty 318 

Issuance of certificate for excess of work performed 307 

Of receipts for work performed 314 

Making statement of persons who have worked out road tax. 314 

Neglect to repair highways 306 

Notice of election of 297 

Number and election of 297 

Overseers of work on roads 315 

Penalty for issuing false receipts for work 300 

For knowingly receiving inferior work on roads 327 

Place of election 297 

Qualification and bond 297 

Report to be audited by township trustee 324 

Requiring land owners to cut and destroy weeds, briars, etc., 

on highway 297a 

Responsible for care and safe keeping of tools of road dis- 
trict 325 

For negligent loss or damage to tools of road district 325 

Right to confiscate property for use on highway 308 

Term of office 297 

Time of election 297 

Of work 297 

To make inventory of tools and implements 325 

Under control and direction of trustee 297 

Vacancy filled by trustee 297 

Warning persons to work on roads 315 

Road tax — 

Levy of 314 

Of additional tax 314 

Paid into county treasury and repaid to the township trustee. 314 

Permission to work out $20.00 of 314 



158 Township Trustees. 

S 

Sale' — Section 

Of schoolhouse 228 

Of school lands „ 14 5 

Of school property. 229 

Notice of sale 229 

Of township property 142 

Record of proceeding to sell school lands 146 

Sanitary buildings — 

Requirements of act , 248 

Rules of state board of health 248 

School bonds — 

Sale of 199 

School books — 

Change in 152 

Depository — Qualifications 203 

Furnishing to poor children 201 

Number to be ordered by depository 203 

Sale of 203 

Selecting depository for 203 

Selling to depository 203 

Sufficiency of supply 204 

School buildings — 

Levy for construction of sanitary buildings 81 

Providing with fire escapes . 32 

School children — 
See pupils. 

Enumeration of 210 

Giving aid to poor children 202 

Medical inspection of 187 

Transfer of 215 

Tuition for transferred^ children 217 

School corporations — 

Settlements as to transfers 220 

Schools — 

See correctional schools; 
Joint graded schools; 
Private schools; 
Vocational schools. 

Adjournment to permit teachers to attend institute 270 

Centralized school — Transportation 226 

Change in text bool?:s 152 

Compensation of school physician 187 

Compulsory education in correctional schools 224 

Establishment of joint graded schools 285 

For agriculture and domestic science 259 

Fuel and literary periodicals . ^ 53 

Incorporated town divided by county line 237 

Joint graded school — Election as to 289 



Township Trustees. 159 

Schools (Continued) — Section 

Levy for construction of sanitary school buildings 81 

Medical inspection of school children 187 

Providing janitor help 191 

Purchasing supplies by trustee 52, 53 

Re-establishment of temporarily abandoned school 235 

Special school revenue 82 

Teaching hygiene in the public schools 369 

Temporary discontinuance 235 

Tendering free use of building in incorporated towns 28 3 

Term of 190 

Transfer of pupils 215 

Transfer of pupils to schools of another state 216 

Trustee furnishing attendance ofRcer with names of children. 212 

Tuition for transferred pupils 217 

Tuition fund 79 

School directors — 

Appointment by trustee 240 

Election 240 

Duties of . . .■ 241, 242 

Power to suspend refractory pupil 242 

Removal 240 

School districts — 

See joint school district. 

Abandonment of 233 

Abandoned district consolidated with another 234 

Consolidation of 234 

Establishment by trustees of two or more school corporations 281 

Expense of establishing joint district 282 

Joint school district 287 

Re-establishment of abandoned school district 233 

School for hoys — 

See correctional schools. 

School for girls — 

See correctional schools. 

School fund — 

See special school fund. 

Additions to 20 

Liability for deficiency money 209 

Transfer of surplus road fund to special school fund 76 

Schoolhouses — 

Apportionment of expense of maintaining joint schoolhouse. . 284 

As meeting place — Responsibility for damages 254 

Bids for repairs 56 

Charge for use as meeting place 253 

In annexed territory 244 

Issuing township warrants or bonds in payment therefor. ... 77 

Joint schoolhouse, by two or more townships or counties. ... 286 

Expense of maintenance 284 



160 Township Trustees. 

Schoolhouses (Continued) — Section 

Money derived from sale of schoolhouse 228 

Penalty for neglect to clean 189 

Penalty for unlawful removal by trustee 232 

Petition for repairs 241 

Plans and specifications 248 

Refusal as meeting place until damages have been paid 254 

Removal and relocation on order of county superintendent. . 230 

Removal — Prerequisites to superintendent's order of removal 231 

Sale of, by trustee 2 2 8 

Sanitary buildings 248 

Site for — How obtained 246 

Used for meeting place-^ — Free light, heat and janitor service. 25 2 
Use for other purposes than private school and political and 

religious meetings 251 

Use for private school 249 

Use for religious or political meetings 250 

School lands — 

Care and custody of 143 

Contracts relating to school lands — Power of trustee 144 

Lease of 14 3 

Record of proceeding to sell 146 

Sale of 145 

Sale of — Duty of trustee 147 

Title to, in township 197 

School meetings — 

Who entitled to vote 241 

School officers — 

Empowered to administer oaths 200 

School physician — 

Compensation of 187 

Term of office 187 

School property — 

Appraisal of 236 

Petition for sale of 229 

Sale of — Appraisement — Notice 229 

Disposition of proceeds 229 

School revenue- 
Distribution of 214 

Incorporated town divided by county line 237 

School taxes — 

Apportionment by county auditor 239 

Release from special school tax 2 22 

School townshij) — 

Conveyance to, by civil township 142a. 

Property taken over on dissolution of board of trustees of in- 
corporated town 236 

Trustee of 8, 9 



Township Trustees. 161 

School trustee — Section 

See township trustee. 

Abandonment of school district 233 

Appointment of school physician 187 

Care and management of all property of school township. ... 191 

Conveyance of school property in annexed territory 244, 245 

Depository of school books 203 

Donations for erecting school buildings 198 

Duties as to transfer of pupils 215 

Duties of 186 

Duty to equip building for instruction in agriculture and do- 
mestic science, etc 261 

Duty to have sufficient supply of school books 204 

Duty to take enumeration 128 

Duty to transfer special school fund 83 

Employment of teachers 186 

Establishing graded high schools 186 

Establishing township high school 272 

Establishment of joint graded high schools 186 

Establishment of schools 186 

Estimate of amount of supplementary tuition fund required, . 7 9 
Failure to account for and turn over money and school books 

— Penalty 205 

Failure to file statistical report 196 

Filing with county superintendent list of transfers 214 

Furnishing attendance officer with names of children 212 

Furnishing books for poor children 201 

Furnishing transportation to centralized school 226 

Granting use of schoolhouse for private school 249 

Issuing warrants or bonds to pay for school building 7 7 

Joint school district — Establishment. 281 

Levy of annual tax for supplementary tuition fund 7 9 

Levy for construction of sanitary school buildings 81 

Levy of special tax for construction and repair of school 

buildings 82 

Liability for failure to take enumeration 213 

Liability on bond for failure to file statistical report 19 6 

Unlawful removal of schoolhouse 232 

Neglect to clean schoolhouse 189 

Permitting use of schoolhouse for religious or political meet- 
ing , 250 

Petition for raising revenue equal to donation 199 

Removal and relocation of schoolhouse 230 

Preventing VN^aste of school lands. . 144 

Prevention of contagious and infectious diseases 188 

Providing each school with United States flag 192 

Providing janitor help , 191 

Providing place of entertainment and for teaching agriculture 

and domestic science 260 

Providing schoolhouses with furniture and school apparatus. 18 6 

11—4843 



162 Township Trustees. 

School trustee (Continued) — Section 

Re-establishment of abandoned school district 233 

Discontinued school 235 

Refusal to pay transfer tuition 218 

Report of school statistics 194 

Report to county superintendent 195 

Sale of school property — Conveyance or bill of sale 229 

School trustee, charge of educational affairs of township 186 

Tendering value of site for schoolhouse prior to action 247 

To take enumeration of school children 210 

When may issue township bonds in anticipation of revenue. . 198 

When township trustee controls schools in incorporated town 238 

Settiemeiits — 

Between school corporations as to transfers 220 

By trustee with county commissioners for relief furnished 

poor 178 

Legal settlement of poor persons 158 

Sinking fund — 

To pay funding bonds 106 

Site — 

For schoolhouse — How obtained 246 

Soldiers — 

Burial of ex-union soldiers and their widows 125 

Soldiers' monument- 
Appropriation by trustee for. 127 

Tax levy for 127 

Special school fund — - 

See school fund. 

Transfer of surplus road fund to , 76 

Transfer to township fund 83 

Special school revenue — 

Money derived from sale of schoolhouse 228 

Proceeds of sale of school property. 229 

Special school tax — 

Release from 222 

Special tax — 

For construction and repair of school buildings and other nec- 
essary expenses . 82 

For construction of sanitary school buildings 81 

For payment of debts . .' 84 

Sanction by majority of legal voters of township 84 

Transfer of special fund 83 

Unpaid balances paid to trustee for township fund 10 

Specifications — 

See plans and specifications 55 

State board of accounts — 

Examination of trustee's books 103 



Township Trustees. 163 

State board of health™ Section 

Supplying blanks to county health officers 185 

State board of truancy — 

Furnishing blanks to attendance officer 212 

State fire marshal — 

Duties of trustee as assistant state fire marshal 374 

State line — 

Work on road located on 326 

State superintendent of public instruction — 

Furnishing blanks to attendance officer 212 

Stock — 

Trustee voting shares of railroad stock held by township. ... 141 
Streams — 

Abutting owners to clean 129 

When duty of trustee to clean— Cost 129 

Sub-contractors — 

Filing claims with trustee 122 

Substitute — 

Working on highways 304 

Superintendent — 

See county superintendent; state superintendent. 

Appeals to county superintendents from trustees 27 

Supplies — 

Itemized estimates for bidders 5 3 

Purchase of school supplies by trustee .52, 53 

Road machinery and bridge and culvert materials 54 

Sui'ety companies^ — 

Bonds executed by 15 

Premium, how paid 10a 

Surgical aid — 

For poor persons 15 9 

Surveyor — 

Compensation for services in cleaning and repairing drains. .334c 

Employment by township trustee 334c 

Report to trustee 334c 

Suspension — 

Appeal of suspended pupil to trustee 243 



T 

Taxation — 

See road tax. 
Special tax. 

Annual levy by advisory board 7 7 

Collection of taxes 50 

Cost of erecting flood-gates collected as taxes 372 

Cost of removing Canadian thistles collected as taxes 372 

12—4843 



164 Township Trustees. 

Taxation (Continued) — Section 

Dog tax collected by assessor and paid to trustee 130 

Levy by trustees of supplementary tuition fund 79 

Levy for constructing sanitary school buildings 81 

Levy for emergency fund for repair to drains 334k 

Levy for enlargement of library 117, 118, 119 

Levy for maintenance of joint high school 277 

Levy for school purposes , 190 

Levy of road tax — Time of 314 

Levy of tax by township to reimburse county for aid furnished 

poor 183 

Levy of tax for township funds 50a 

Levy to equip and maintain room or building for instruction 

in agriculture or domestic science 261 

Levy to meet cost of joint graded schoolhouse . 292 

Local tuition tax — Custody and control 80 

Maximum of 82 

Rate of — Certification to county auditor 50 

Township taxes paid to trustee by county treasurer. 99 

Trustee's compensation for building partition fence placed on 

tax duplicates 350 

Taxpayer — 

Right to attend meetings of advisory board 75 

Teachers — 

Allowance for attending institute 266, 269 

Contract of employment to be in writing 2 64 

Dismissal of — Notice 262 

Employment by trustee 262 

Employment in joint graded school. , 291 

Failure to furnish statistics to trustee — Penalty 194 

Forfeiture of wages for failure to attend institute 269 

Furnishing trustee with school statistics. 194 

Institute — Requirement as to attendance 269 

License to teach, a prerequisite to employment 262 

Majority vote against employment of certain teacher 262 

Minimum wages 266 

Pay for services rendered 262 

Penalty for paying less than minimum wage 267 

Personal liability of trustee for services 263 

Record of contract of employment 265 

Special examination 268 

Term of employment 263 

Tender — 

By trustee of value of site for schoolhouse 247 

Term — 

Of office 4 

Text books — 

Change in 152 



Township Trustees. 165 

Thistles — Section 

Cost of removing Canadian thistles collected as taxes 372 

Duty to cut Canadian thistles 372 

Notice to owner of land to cut Canadian thistles 372 

Tile drains — 

Assessment on lands benefited by tile drains 334i, 334j 

Repair by township trustee 334i, 341 

Use of road funds for repairing 341 

Timber — 

Removal from new highway 310 

Use made of timber removed from new highway 310 

To^\^lship — 

Assessment to township of benefits to highway by construc- 
tion of drain. . 311b 

Ballots printed on yellow paper 362 

Boundaries of 6 

Canvass of vote for township officers 363 

Change in time of holding elections 358 

Charged with patient sent to county hospital of another 

county 184 

Contract with city as to accommodations in joint high school. 276 

Dividing 5 

Duty of inspector at township election 363 

Elections governed by general law 361 

Erection and repair of bridges 311 

Erection and repair of culverts 311 

Funding township indebtedness 106 

Joint high schools 275a 

Keeping separate tally papers for township elections 357 

Laying off, number and boundaries 5 

Levy of tax to reimburse county for aid furnished poor 183 

Liability as stockholder in railroad 140 

Liability for work or materials used on bridge, or for per- 
sonal injuries 331 

Liable for benefits arising from construction of ditch 333 

Maintaining joint high school with city or incorporated town. 274. 

Number of 8 

Paying expenses of local option election 110 

Procedure when more than one precinct in township 363 

Reimbursing county for aid furnished poor 183 

Separate ballot boxes for township ballots. 362 

Suits by and against 8 

Two or more uniting to maintain public library 121 

Withdrawal from joint high school district — Interest in prop- 
erty 279 

Township fund — 

Unpaid balances of special taxes applied to 100 



166 Township Trustees. 

Township high school — Section 

Establishment of 271 

Establishment by trustee — Appeal to county superintendent. 27 3 

Petition for 272 

Supplemental act, as to establishment and maintenance 280 

Township inclebtedness — 

Time of payment 50 

Townshij) libraries — 

Care and management by county board of education 112 

Donation library ^Tax levy for 117, 118 

In charge of trustee Ill 

Levy of tax for 113, 114, 120 

Order of county commissioners abolishing. 115 

Rules prescribed by county board of education 152 

Vote on establishment of 120 

Township library board — 

Free public library 121 

Powers and duties 121 

Township officers — 

Election and appointment of 1 

Residence of 2 

Township property- — 

Preservation of 52 

Sale of 142 

Townshii> road — 

Definition , 328 

Township road fund — 

Money derived from sale of township property 142 

Township taxes — 

Paid to trustee by county treasurer 99 

Township trustee — 

As trustee of schools, see school trustee. 

Accounting — Forms prepared by state board of accounts. ... 107 

To successor in office ^ 21 

Acting as fire chief 32 

Aid to poor — Limitation as to amount 163 

Allowance by county commissioners for relief furnished poor. 171 

Allowance for burial of soldiers 126 

Amount and conditions of official bond 10a 

Amount of relief by, to poor 165 

Annual report to advisory board 67, 69 

Appeal from decision of 27 

Appeal when pauper has been sent to his township 176 

Appointment as depository for school books 203 

Approval of bond by county auditor 10 

Authority to borrow money 78 

Authority to change or vacate highway 293 



Township Trustees. 167 

Township trustee (Continued) — Section 
Authorized by advisory board to borrow money to meet emer- 
gency . . . • 77 

Binding out poor children 181 

Books and records open for public inspection 102 

Building partition fence — Apportionment of cost 349 

Burial of ex-union soldiers and their widows 125 

Burial of poor person 180 

Care and custody of school lands 143 

Care and maintenance of cemeteries 354 

Care and management of congressional township lands 191 

Care and management of township property 25 

Certification of deficiency in tuition to county superintendent 206 

Certifying cost of repair to drains 334 j 

Cleaning and repairing drains .334a, 334b 

Clerk hire — Appropriation , 73 

Collects assessments for repairs to drains 334p 

Compensation for building partition fence 350 

Compensation for overseeing work of cleaning and repairing 

drains 334r 

Compensation of 68 

Contracts by and with 8 

Contribution by township trustee to improvements instigated 

by citizens , 320 

Control over roads of township 297 

Conveyance by civil township to school township 142a 

Co-operation with relief society 167 

Death of — Delivery of books, etc., to successor 18 

Delivery by county auditor to trustee of list of road taxes in 

township 314 

Delivery of books, etc., to successor in office 18, 21 

Deposit of public money in depository selected by board of 

finance 87 

Disbursements by 22 

Duties as assistant state fire marshals 374 

Duties of in general 25 

Duty as to abandoned cemeteries 353 

Duty as to Canadian thistles , 372 

Duty as to cleaning streams 129 

Duty as to sale of school lands 147 

Duty of township trustee to audit road supervisor's report. . . 324 

Duty of township trustee to construct flood-gates 365, 367 

Duty of township trustee to remove obstructions from drains 

334g, 334h 

Duty to endeavor to secure employment for poor 161 

Duty to establish emergency road repair fund 320 

Duty to file verified statement of funds deposited 87 

Duty to keep financial record 26 

Duty to poor children bound out 181 

Duty to provide tools and implements for road districts 319 



168 Township Trustees. 

Township trustee (Continued) — Section 

Duty to preserve township property 52 

Duty to receive pauper removed to iiis township by judgment 

of justice 177 

Duty to repair fish ladders 370 

Duty to trim townsliip-line hedge fence 343 

Duty upon completion of partition fence or repair of same. . . 350 

Eligibility to office of 7 

Employment of attorney to defend township 105 

Employment of surveyor with reference to cleaning and re- 
pairing drains 334c 

Establishment of emergency fund for repair to drains 334j 

Examination of books by state board of accounts 103 

Ex-officio trustee of donation library 116 

Extension of term of office 359 

Failure to account and pay over money 48 

Failure to collect dog tax or report delinquent dog owners. . . 46 
Failure to file copy of report and vouchers with county auditor 70 

Failure to give bond. 13 

Failure to qualify and serve — Penalty 19 

Furnishing transportation for non-resident poor 169 

Giving notice of days set apart for official business 23 

Granting permission to plant hedge fence along highway. . . . 346 

In charge of township libraries Ill 

Inspection of books and accounts of 96, 97 

Inspector of elections 355 

Investigation of circumstances of patient admitted to hospital 184 

Upon demand for relief of poor 160, 161 

Letting contracts for improvements 51 

Letting work to lowest responsible bidder 316 

Levy of "courthouse and jail tax" 123 

Levy of library tax , 117, 118, 119 

Levy of special tax for payment of debts 84 

Liability for deficiency money 209 

Must attend all meetings of advisory board 73 

Neglect of duties — Penalty 20 

No personal liability for building partition fences 351 

Notice to road supervisor of new highway, or change in road. 294 

Not liable for deposit 95 

Office rent — Appropriation 73 

Orders and allowances by 22 

Overseer of poor 156, 159 

Paying cost of removing obstructions from drains 334g 

Payment for public buildings 122 

Penalty for failure to perform duty 36 

Failure to account to or pay over money to his successor. . 33 
Failure of trustee to have cleaning and repair work on 

drains done in accordance with the statute ,. .334f, 334h 

Failure to make deposit ; 94b 

Knowingly receiving inferior work on roads 327 



Township Trustees. 169 

Township trustee (Continued) — Section 

Neglecting duty to trim hedge fence 345 

Refusal to pay just claim 39 

Violating poor laws , . 170 

Perpetrating fraud at election 40, 41, 42, 43, 44 

Plans and specifications for schoolhouses 55 

Prerequisites to granting relief to poor 166 

Power as to contracts relating to school lands 144 

Power to administer oaths 321, 334m 

Power to contract 7 7 

Proceedings for collection of assessment for repair to drains.. 334p 

Procurement of labor for non-resident indigent persons 168 

Provision for transportation of tuberculosis patient to hos- 
pital 184 

Publication of receipts and expenditures 72, 104 

Purchase of school furniture and supplies 52, 53 

Receipt and distribution of moneys belonging to township. 25, 26 

Receipts by 22 

Record of relief to poor 171 

Records of official proceedings 25 

Records to be kept by 22 

Redemption of road receipts not filed with county treasurer. .314a 

Removal for fraud 98 

Removal from office 94b 

Removal from township 18 

Removal of assistant enumerators 128 

Report of annual income from school lands 143 

As to poor children bound out 181 

Burial of soldiers , 126 

Delinquent dog owners to prosecuting attorney 131 

Dog fund to county auditor 134 

Report remains in custody of chairman of advisory board. ... 69 

Report to, by road supervisor 323 

Report — Verification 67 

Required to make quarterly examination of justices' dockets. 31 

Resignation of 28 

Road moneys to be paid to 32 2 

Sale of school lands 145 

Settlement with county commissioners for relief furnished 

poor 178 

Statement to advisory board at annual meeting of- assessed 

valuation of taxable property and number of polls. ..... 74 

Advisory board of estimates and amounts 74 

County commissioners where relief exceeds $15 164 

Suing for failure to pay or work on highway 303 

Supplying poor persons with antitoxine 185 

Temporary aid to non-residents, sick, aged or cripple 168 

Temporary relief to non-resident sick or person in distress. . . 180 

Term of ofllce — When begins 364 



170 Township Trustees. 

Township trustee (Continued) — Section 

Time of making settlement witli county commissioners as to 

aid furnished poor 179 

To act as assistant state fire marshal 373 

To determine improvements to be made in highways 3 20 

To furnish meals for election officers 356 

To have charge of cleaning and repair work on drains 334f 

To make repairs on bridges 295 

To oversee and supervise work of cleaning and repairing 

drains , 334r 

Township trustee has supervision of drains 334a 

Uncertainty as to legal residence of poor. 173 

Unexpended funds 69 

Unlawful interest in public contracts 38 

Vacancy in office of, how filled 29 

Verified statement as to services rendered 68 

Voting shares of stock in railroad. ., 141 

When duty to construct fish ladders ., 370 

When must build partition fence 348 

Transfer^ — 

Of dependent children to orphans' home 233 

Of pupils 215 

Of pupils to adjoining county — Payment for 222 

Of pupils to Indianapolis schools — Tuition, when reduced. ... 221 

Of pupils to school in another state 216 

Of special school fund to township fund 83 

Of surplus of free gravel road fund 101 

Of surplus road fund to special school fund 76 

Refusal of trustee to pay transfer tuition 218 

Refusal to transfer — Appeal county superintendent 219 

Settlements between school corporations as to transfers 22 

Time of payment of tuition for transfer 218 

To centralized school — Transportation 22 6 

To orphans' home — Tuition 225 

Transportation — 

Of pupils — Duty of trustee to provide 226, 227 

Of pupils — How expenses to be paid '. 22 7 

Of pupils — Kind of conveyances 227 

Trustee furnishing for non-resident poor 169 

Tuition — 

Deficiency for school purposes. ., 206 

For transferred pupils 217 

For transfer — Time of payment 218 

Local tuition tax — Charge and control of funds 80 

On transfer to orphans' home 225 

Payment of transfer tuition 220 

Tuition fund — 

Supplying deficiency 207 

Use to be made of deficiency money 208 



Township Trustees. 171 

V 

Vacancy — Section 

In office of trustee 13 

How filled 29 

Verification — 

Of report of trustee 67 

Of vouchers 67 

Vocational schools — 

Advisory committee 257 

Compulsory attendance — Age of pupils 258 

Time of attendance 2 58 

Establishment of in township 255 

How maintained 255 

Joint maintenance by two or more school corporations. ..... 256 

Joint schools — Board of management 256 

Reimbursement of township, town or school city 258 

Subjects of instruction 25 5 

Vote — 

On question of public aid to railroad 137, 138 

Of township library 120 

Vouchers — 

Of items of expenditure 67 

With copy of trustee's report filed with county auditor. . . .69, 70 

w 

Wages — 

Minimum wages of teachers 266 

AVarrants — 

Advertising sale of 7 7 

Issuance by school corporation 278 

Waste — 

Preventing waste of scliool lands 144 

Waters and water coui'ses— 

Abutting ovrners to clean 129 

Remonstrance to petition for flood-gates. 366 

When duty of township trustee to construct flood-gates 365 

Of trustee to clean — Cost 129 

Withdrawal — 

Of township from joint high school 279 

Work — 

Letting repair work to lowest responsible bidder 316 

On highways 298 

With team 299 

On road on district boundary line 326 

Persons exempt from work on highways 298 



